Can I Be Requested to Take a Breath Test Without My Lawyer Present?

You may have heard from TV shows or family members that the best thing you can do if you are ever arrested is to plead the fifth and refuse to talk or do anything without a lawyer present. This is true in most legal situations. However, because of the nature of DWI’s and your body’s ability to lower its BAC over time it is important for the prosecution to get a Blood Alcohol Content (BAC) reading as soon as possible. Because of this, if you refuse to take a breath test on the grounds that you want your lawyer to be present you will be charged with a refusal.