aking the decision as to whether or not to agree to a breathalyzer test is not easy. In some instances when you are unsure of whether your BAC is below the legal limit of 0.08 percent, then it could be a good idea to refuse the test thereby avoiding giving the prosecution more evidence against you. Keep in mind that even if you believe your BAC is less than 0.08, if you have been drinking at all your judgment may be impaired and you may not have a realistic idea of what your BAC really is. Additionally, although 0.08 is the legal limit, if your BAC is .06 or higher, it may well fall within the machine’s “margin of error.”
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