Is it actually best to refuse a breathalyzer test if you are intoxicated?
This scenario assumes that the suspect is right at or barely above the legal limit. That window of a BAC range where the officer knows you have been drinking, but cant tell just by looking at you whether you are over .08 or not.
It wouldn't work for someone who is fall on their face drunk. Then the officer's observations alone are enough to convict you.
But let's apply this to a driver whose BAC is say .085 or .09. The officer doesn't know without a breathalyzer that your BAC isn't .07.
In my State, you sign an agreement when you get your drivers license that you will submit to any and all breathalyzer tests. Failure to do so will result in a DMV suspension of your license for 6 months.
But if you are convicted of a DUI your license will be suspended for at least that long anyway, and you will face additional penalties on top of that.
If refusing the BAC test begrudges the State of that one smoking gun piece of evidence they need to convict you, then you may be in the frying pan, but at least you didn't jump into the fire.