Better Safe Than Sorry

[Frodo]

Yeah, that can be true. Depends what the time line on your drinking was. If you had just bolted down a few shortly before driving and getting stopped, it sure could work against you if they delay the test for awhile.

OTOH, if you were legally under the influence when you were driving but it had been awhile since you had last had a drink, your blood alcohol level could well be on its way down, and a delay in testing could work to your advantage.

Blood alcohol level is not a static thing. The results of the test, if it was delayed significantly, is not particularly indicative of what your level was when you were cruisin' down the road. And whether the delay helps you or hurts you is a function of whether your level was on the way up or on the way down when you were stopped.

I've heard of cases (it may be commonplace, I don't know) where defense attorneys have tried to use unreasonable delays in testing as all or part of the defense.

[stephen wilson]

Well, just another opinion, but my Brother-in-law is a public defender, and recommends politely refusing any sobriety tests ( if you know you're over the limit). The tests do help build a case against you, and their absence can help in your defense. Also, don't even admit you've had a drink, in some states that forces the officer to perform sobriety a test. They expect you to lie, even if it's just saying you had one or two, instead of a dozen!
If you're going to drink, buy a cheap breathilizer (sp?) to check yourself before driving.

Oh yeah, some states can compel blood testing, so in that case, you're screwed.