November 4, 2019
If a person is stopped for suspicion of DWI, he or she will be given a choice: Either provide a breath (or blood) sample (the results of which may be a crucial piece of evidence in the criminal case), or refuse the testing and be subject to a mandatory loss of license.
My typical advice is to take the test, since there may be any number of reasons that the test result is unreliable.
Here’s another reason: according to this article in the New York Times, a lengthy investigation has revealed that there may be serious flaws in breath testing (which is the test of choice 90-95% of the time), ranging from machines that are improperly calibrated and maintained, to machines that are simply inaccurate in the first place.
The article is too long to summarize here, but suffice it to say that the justice system deserves better.