Question: Is it better to take the breath test and blow over the legal limit or to refuse the breath test in Alabama?
Answer: There’s really no right or wrong answer in terms of taking the breath test; however, if someone refuses the test, it does place the burden on the government to establish their level of impairment through other indicators as well. It creates the argument that if the government did not seek a blood or urine test via a search warrant, that they did not include a complete evaluation in the investigation of the case. However, if someone does take the breath test and registers over the legal limit, there are various defenses we may use to contest that result and try and suppress that from evidence as well. If you do submit to the government’s test, you have an absolute right to request an independent test of your blood alcohol content, and if the government fails to provide you with that test, it would be a basis to exclude their test from evidence against you.
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