[Retired COB]

Refusing the breath test is actually fairly bad legal advice in many states, my own included. The penalty for refusing far exceed the consequences of a DUI conviction.

I've heard that the proper way is not to refuse the breathalyzer, but to agree to take it as soon as you avail yourself of your constitutional right to consel. If you're smart, he'll live 500 miles away and have to walk all the jail. By the time he gets there you should be within limits.

Does that sound do-able?

[Retired COB]

walk all the jail

walk all way to the jail

(Sorry, I just washed my hands and can't do a thing with them.)

[HairOfTheDog]

I don’t think so... ;~) but you can give it a shot. I’m guessing your attorney will say ‘do the test’. You can fight the result later, you can’t fight the refusal.

My guess is, they’ll just take your blood. And count it as a refusal.