Section 1.7 Initial Advice—Whether to Submit to Chemical Testing or Refuse

• Library: DWI 2014

To blow or not to blow—this is the question commonly asked of lawyers. The answer depends on the circumstances of the individual, but the circumstances of the individual may be difficult to ascertain at 2:00 a.m. in a phone call from the jail, while the person is intoxicated, with the officer standing nearby. Counsel needs to know the individual’s situation to be able to provide information for the person to make an informed decision whether to submit to a chemical test. The person deciding whether to...