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How to Refuse a Breathalyzer Test

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    • 1). Learn your state's laws about drinking and driving and legal blood alcohol limits. It's imperative to know the ramifications of refusing a breathalyzer versus taking the test and failing. In some states, refusing the test carries heavier penalties than failing the test. Know the law.

    • 2). Keep track of how many drinks you've had and over what period of time. If you've had less than two drinks in 4 hours, you're most likely under the limit. As a general rule, it takes about an hour to process every .025 percent of blood alcohol you've consumed. If you've consumed no more than one drink an hour, you should be OK.

    • 3). Remember that breathalyzer tests aren't reliable. Blood alcohol is dependent on your weight and height. If you're questioning whether you're over the legal limit, you probably are.

    • 4). Remain calm when pulled over and stay in your vehicle. Perform all other tests the police officer asks you to do, like the walking a straight line and the finger-to-nose test.

    • 5). Refuse the test when asked by simply saying no.

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