To Blow or Not to Blow, that is the DUI Question?

Do not blow before you are arrested. Many people think that if they blow below a 0.08 BAC they’re safe, which isn’t necessarily true, if the officers see evidence of impairment, and if you blow above a 0.08 BAC, you have the officer probable cause to arrest you. The reason they ask you to blow is to prove the impairment, and if you blow below a 0.08 BAC, they may just say you may be under the influence of something other than alcohol and arrest you anyway.

Until you’re arrested you don’t have to do anything. You don’t have to submit to a field sobriety test, you definitely don’t do the eye test, the HGN, and you definitely don’t blow in the PBT. After you’re under arrest, you have to either submit to one or all of a urine test, a breath test or a blood test, depending.

After you’re under arrest, submit to whatever the officer wants because if you refuse to blow, you’re subject to a one-year license suspension. If you refuse, they’ll get the warrant anyway, so there’s no point in refusing then. There are some circumstances where a refusal works in the client’s interest, but only if that already has years of license suspensions and a felony conviction ahead of them; for most people, after arrest, you blow.

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