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In response to Debbies post.
If you are not drinking alcohol and are pulled over pulled over by the police you should take the breathalyzer test. You're refusing to take it will only add to the officers suspicion that you are drinking.
If you are drinking alcohol the decision is yours to make. If you refuse in NY you're license is automatically suspended and you will most probably be arrested for DUI/DWI.
You will be brought to a testing location and asked to take the breathalyzer again while being video taped. We have all seen these tapes on the various true life police shows. They are rarely complimentary for the person suspected of DWI.
I have heard some defense lawyers say that if you are drinking to refuse the breathalyzer but am not sure how that will help you in court. If you get a cop who has testified in a DWI case before he will know what he needs to say and do to get you convicted. His testimony along with a video of you and your refusal to take the breathalyzer will probably get you convicted. Of course this is only if you are DWI/DUI.
The bottom line is don't drive drink and drive. Most of us have friend's who will be glad to pick us up and drive us home if we call them. Walk or take a cab otherwise. We've seen enough carnage on our roads, lets not add to it.
Be safe,
John