Should I take a breath or blood test?

Should I take the breath test or allow a blood test if I am stopped for DUI?

Phil Weinberg Defense Attorney

“Yes” take the breath test at the station; but, “No” at the roadside.

Since the birth of this great nation people have sacrificed their freedom, and their lives for you to have these constitutional rights. The constitutional right to speak to an attorney and the constitutional right to remain silent are paramount in this particular legal situation.

You should never do a roadside portable breath test (PBT) or physical tests (FST). They are voluntary and can only hurt you. Handle yourself with intelligence, be disciplined, deprive the cop of the evidence he/she is trained to collect in order to use against you in court. Don’t give the prosecutor an easy ‘slam dunk’ conviction. Exercise them! Assert them! Invoke them! Demand them!

I know what to do for you in court when those rights are violated. Don’t give your constitutional rights up under peer pressure from the cop just to be “cooperative.” The police officer is not your friend, but an adversary in this scenario. They have no problem, and it is not illegal for them to lie to you to collect evidence against you. He is helping the prosecution, another agent of the government. Their power over you and even me if you hire me is immense – but I am smarter and have learned over more than 25 years how to outsmart these people. Do not help them make the government’s case against you. Being cooperative will not make it go away. So don’t do it!

(revised 12/07/2021)