Should Someone Attempt The Breath Test?
Gary Churak’s Answer
This would depend on where the person was at the time. Some cities have a law requiring a mandatory blood draw, so it would not matter whether or not someone blew because, if they refuse to blow, the police can just get a warrant, strap the person down, stick the person with a needle and remove blood from the person without their consent. The person should not blow if there is no mandatory blood draw in the city, municipality or county where they were arrested, although if there is a mandatory blood draw, the person should consider blowing.