A lot of people don't take the breath test. Right or wrong, that is what a clients lawyer would recommend .. I hear that the breathe tests aren't exactly accurate. I don't know if Coleman went the blood test route after that or not. Also I read that whether you take it or not (the breath test), you are basically already charged with DWI.. so if what everybody says (defense lawyers) is true..why rely on a machine that supposively isn't accurate? you don't necessarily have to have a .08 to be considered "drunk" according to the state law. Mainly the law is saying .08 and it is a given... but ANY drug (whether Nyquil,beer or not) that affects your ability to function mentally or physically could be considered "DWI" if your abilities are impaired.. the part of not taking the test.. well you do get automatic suspension of your liscense (180 days or so? )
Patriot you are right.. our law is sometimes lax.. I have seen a one time offender get sentenced and then after that a 2nd time offender get sentenced.. The difference of the whole fine,probation,aa meeting etc... 100 bucks ... I couldn't believe that. I thought a 2nd time offender would be taken to the cleaners... but when I saw that was in 1989.. Laws have been becoming stricter thou.