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Should You Refuse the Portable Breath Test?
Before arrest, yes, but after you’ve been arrested, the general answer is no. I could have 10 different defendants call me and say, “Hey, they gave me a chance to call an attorney, they asked me to submit to a test. What do I do?” I’ll ask some questions, but only rarely will the answer be to ask them to refuse the test, because to refuse to submit to testing will result in the loss of their license for a year.