Lawyer: 'When Given the Choice, 'to Blow or not to Blow' My Recommendation: CHOOSE TO REFUSE!!'

Criminal defense attorney, Larry Forman, shares reasons why you should always refuse the breath test when a cop suspects that you have been driving under the influence. Watch this video to find out what those reasons are!

UPDATE: January 12, 2020:

You asked, I listened.

This video is almost 5 years old now.

There are a LOT of questions about whether or not this information is still accurate as of 2020, can you still be arrested, if it can be applied across the board and in all states and other countries, as well as the possible penalties for refusing.

Also, what penalties are there for refusing the Field Sobriety Tests, can they take my blood by force, etc.

Allow me to tackle each point in turn to alleviate any confusion some of you may have.
Question 1
Q. Is it a crime to refuse the breath test?
A. In some states, YES.
NOT in Kentucky, BUT in some states it IS a crime to refuse the test, so in those states consult with local counsel, but I have HEARD (this not legal advice -- see below) that it is better to consent in those states because EVEN IF you win in those states, and there are about 16 of them, I believe, you could STILL be convicted of the CRIME of refusal. So in some states and countries, you should NOT refuse because you will be convicted of THAT crime, instead. In Kentucky, it is not a crime to refuse the breath test and that is why I advocate that you should "CHOOSE TO REFUSE (or you will lose)". In fact, for about 5 years back in the 1980's refusals were inadmissible at trial. Now they are admissible, but the state doesn't have the BEST possible evidence against you (since you refused), which is the number.

Question 2
Q. Is this information still accurate and applies in 2020?
A. In some states, including Kentucky, YES.
If you refuse the test (breath, blood or urine) you DEPRIVE the state of the BEST possible evidence they could ever have against you. If you submit to the tests, you are now arguing with chemical evidence requiring the testimony of an expert (possibly), which are very expensive -- by having to attack the machine or methodology used to extract and test the breath, blood or urine, etc. So, by SACRIFICING your license and LOSING your privilege to DRIVE, your attorney may now have a better shot at beating your case at trial because now it becomes a he said she said battle in open court, which is way easier to argue against than, say, a 0.092 breath or blood test result, etc.

A further point on this issue -- In Kentucky, we can get you back behind the wheel DAY ONE of your suspension (if it's an alcohol DUI) with the ignition interlock device. So you can get back on the road.

Question 3
Q. Can I still be arrested if I refuse?
A. Almost 100% YES.
You will be arrested with almost 100% certainty if you refuse the test by the side of the road anywhere in the world because now the officer will DEFINITELY suspect that you are under the influence and refusing the test because you are hiding something.

Question 4
Q. Is the Preliminary Breath Test (PBT) admissible?
A. In nearly all states, NO.
In Kentucky and most other states, the PBT is NOT admissible in court and can ONLY be used for purposes of probable cause to arrest -- not in order to convict you at trial. I do NOT believe it is a crime to refuse the PBT in any state, as far as I know (again, not legal advice).

Question 5
Q. Can I refuse to do the Field Sobriety Tests (FSTs)?
A. YES.
In Kentucky, and probably every other state, there is NO penalty (other than getting arrested) for refusing the FSTs. In fact, by refusing to complete the FSTs, you deprive the government of even MORE evidence to be used against you. As I describe in the video, the tests are DESIGNED to fail you. So why consent to them? I say refuse. Get arrested. And fight it in court. NOT ON THE STREET. You will always always always lose on the street.

Question 6
Q. Can they take my blood by force or with a warrant?
A. In some states, YES.
But not in Kentucky unless there is an accident which involves death or serious physical injury.
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[rickjason]

I would assume it would be easier to make a deal with the Prosecutor, if he doesn't have a incriminating number from the machine.

[TBagr]

Never ever ever blow or take fst. Ever. It can’t get you out of anything, only in deeper.

[madmatt]

The biggest issue is that where I live in NY, a refusal is an instant 1 year suspension. Of course, if you know you're smashed then that's still better than the criminal charges that come with a DUI/DWI.

[mafosa]

Can’t figure out if he’s saying “don’t blow” on the field test or if your back at the station?

I never offer to help a cop “make there case against me!” On the side of a road.

[chopperchopper]

Thanks, I don't drink, but I watch some guys eating tic tac's an lot of other things an it set the breathalyzer off. Where's the like video, notice, $ 50 fine. Lol

[Validboy]

Pretty bad advice here.. 4 months with no transportation is a major inconvenience unless you are very privilegded... I drive for a living and doing this would mean losing my job over nothing.. Blow if you're sober.. dont if you're drunk.. its not a hard question..

[rbeprice]

License suspended for 120 days for refusal to blow on a ROADSIDE BREATHALYZER?
I wish he would've specified roadside or one that's calibrated at the department.

[gemgal]

What he stopped short of saying is when you refuse any fat you will be arrested and taken to the station or hospital to have your blood drawn. Imo posting these short videos can lead someone to cause themselves more harm than good.

[indygirl]

Is there a law now that if you refuse breathalyzer and blood they can take a warrent to hold you down and force you