Over the summer, one of the most common charges is a BWI or boating while impaired. One of the most common questions from clients about this charge is, should I blow if I am asked to provide a breath sample. Whether it’s a municipal police officer or an officer from the Department of Wildlife Management, they will often ask you to submit to some kind of breath testing device, either the preliminary breath testing device, or on the larger ECIR-II at a jail or police station.
The main difference between when charged with a BWI or a DWI and refusing to provide a breath sample, is the ramifications to your driver’s license. In a DWI, a refusal to provide a breath sample can be used by the government as the basis for your underlying case, and can be used as evidence of your guilt, but that’s not all. One of the most serious punishments for a refusal to provide a breath sample in a DWI case is that the DMV will issue a one-year suspension of your license. These consequences often make it a very difficult decision for people charged with a DWI when asked to provide a breath sample.
In contrast to that, when charged with a BWI, there are no ramifications to your driver’s license. So, while the state may still try and use your refusal as evidence of your guilt, the DMV will not take any actions on your driver’s license. Therefore, the decision of whether to blow in a BWI situation is far simpler than when charged with a DWI. In a situation where you are facing charges of BWI and are offered a chance to provide a breath sample, regardless of which machine they seek to use, you should politely refuse.
These situations are often very stressful and often cause you to have more questions than answers and needing advice quickly. If you find yourself charged with BWI or DWI, call the Criminal Defense team at Jetton and Meredith, open 24/7, there is always an attorney to take your call and answer any questions you may have.