First, know that you can refuse to take a breathalyzer test. Your blood alcohol content (BAC) is determined by this test, and a reading higher than 0.08 means you cannot legally operate a vehicle. Taking a breathalyzer test after drinking can be a bit of a gamble. Perhaps you haven’t drunk enough to reach 0.08, in which case you may be let off with a warning.
But a reading higher than 0.08 means you’ll be arrested for a DUI. And pleading not guilty with such specific, quantifiable evidence is certainly a lost cause.
On the other hand, you can refuse to take the breathalyzer test. Not having this measurable information during your trial doesn’t mean it’s easier to plead not guilty. In fact, refusal is often seen as an evasive measure and therefore a subconscious admission of guilt. You might also have your driving privileges immediately revoked for refusing to submit to a breathalyzer test.
The police officer will also submit other evidence that the prosecution can use against you, such as the results of a field sobriety test (i.e., walking in a straight line, one foot in front of the other) and your general behavior.