IF I REFUSE TO DO THE BREATH TEST, DOES IT BECOME AN AGGRAVATED DWI?

by Margaret Strickland

It does, but you’re still likely to get a more favorable plea deal because it makes the state’s case a lot harder to show. Earlier, we were talking about how if the state has a good case against you, you get a worse plea deal, and if they have a problem with your case, you’re getting a better plea deal, so you’re giving them problems with their case by declining to give a breath sample. I’ve had plenty of cases where a client gives a breath sample and it’s 0.16 or above, and they didn’t give themselves anything by giving them a breath sample, and it’s still aggravated because it’s so high.

Las Cruces Criminal & DWI Defense Attorney

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