Should I Submit to an Intoxilyzer Machine Breath Test?
No. You should not take the test unless you have not had anything to drink. The machine has been proven to be faulty and has an acceptable rate of error. If the machine is not calibrated correctly, it may measure the alcohol in your blood incorrectly. If so, you may be providing the police with evidence they can use to convict you. If you tell them that you will not take the test without a lawyer present, they will treat your comment as a refusal and so will the Court. However, I would advise telling the police that you will take the test they want to give you in the presence of your attorney.
