Should I agree to take a breath test?
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The decision of whether or not to take a breath test is truly yours. At the time that you’re arrested for DUI it doesn’t matter if you blow over the legal limit or under the legal limit you’re still under arrest for DUI and you’re still going to be prosecuted for DUI. So the breath test truly has no bearing on whether or not you’re going to be arrested or prosecuted for DUI. Certainly if you blow over the legal limit the State is going to try to use that against you depending on how the breath test was conducted. And certainly if you refuse the breath test they do not have that evidence potentially to use against you but if you were to blow under the legal limit certainly your attorney can use that in your favor.