Tip: If you took a Breathalyzer

If you have taken a breath test, consider undergoing an independent blood test ASAP. Many hospitals will draw blood in circumstances such as these and will keep the blood until it can be determined which laboratory will perform the alcohol analysis. Timing is crucial in this regard. Do not tell the police that he or she will undergo an independent test upon being released. If a breath test reading is .08 or above and during testing you were articulate and not obviously impaired, such independent evidence from a blood test could be critical in attacking the breath test reading and therefore could provide a defense to the charge under the per se portion of the statute. Lastly, schedule an appointment with your lawyer on the day following your arrest.