Should I take the blood or breath test if I have been stopped for DUI?

“Should I take the breath or blood test if I get stopped for a DUI?”: that is probably the number one party question I ever get. My advice on that question is a little different from a lot of lawyers—a lot of lawyers will tell you “under no circumstances do you ever agree to take the breath or blood test”. My belief, or opinion, on that is, look: if you know your limit, and you know when it’s safe to drink two beers and you’re not going to be over the legal limit, or you know that two beers or two glasses of wine is not going to affect your ability to drive, take that breath or blood test because the consequences of just refusing that are not good; even if you beat the DUI, you’re going to have consequences for refusing that test. So if you know your limits, take the test, but if you have any question—first of all, we both know you shouldn’t have been driving in the first place—but if you have any question about, “uh, did I just have that one too many?” do not take the test.