If they refused the breath or blood test, then that refusal can be used as evidence at trial. The prosecutor likes to say, “That person refused the breath or blood test because they know they are guilty”, well that is not true. You have a right to refuse the test. We can successfully fight that argument at trial. The other thing that can happen is that they can go ahead and accuse the person of driving while intoxicated and prosecute them all the way through the trial, but the fact of the matter is if they do not have a breath or blood test to use against that person, then usually that is a better case to fight, and the prosecution has less evidence to use against the client, and we have a better chance of winning the case.
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