When should I refuse the Intoxilyzer or the Intox EC/IR-II?
You should not take the Intoxilyzer or the Intox EC/IR-II if there are legal “Grossly Aggravating Factors”, such as a prior conviction for Driving While Impaired or a license revoked for a prior DWI. ANY Grossly Aggravating Factor will require the judge to incarcerate you for at least seven days and possibly one year. Two or more Grossly Aggravating Factors will require the judge to incarcerate you for at least thirty days and possibly two years. Without the Intoxilyzer or the Intox EC/IR-II evidence, the prosecutors DWI case against you is harder to prove. Even if you have a clean record, NEVER perform the Field Sobriety Tests or make any admissions about anything.
