To blow or not to blow? This is definitely a big question for anybody in Ohio who is asked to take a breathalyzer test after being subjected to a routine traffic stop. Breathalyzer tests are notoriously inaccurate in the first place -- which means that you could end up with a reading that says your blood alcohol content is over the legal limit even if it really isn't. However, the penalties for refusing to take the breathalyzer test are pretty severe.

What's your best option? There's no easy answer, but here's what you should consider:

Until Your Fail The Test, All The Evidence Against You Is Circumstantial

Even if the officer says that he or she smells alcohol on your breath and you flunked some version of a roadside sobriety test (like walking heel to toe or reciting the alphabet backward), all of the evidence against you that indicates you are a drunk driver is purely circumstantial. An experienced DWI defense attorney can often defeat circumstantial evidence in court.

The moment you take (and fail) the breathalyzer test, you're handing the prosecutor "hard" evidence that can be used to secure a conviction much more easily. While your defense attorney will likely try to challenge the accuracy of the breathalyzer, that's still harder to defeat than an officer's personal opinion that you "looked" drunk.

Refusing The Test Does Carry An Automatic Penalty

If you take the test and you're ultimately convicted of drunk driving, you're facing a minimum suspension of your license for 90 days -- as long as this is your first offense. If you refuse the test, you're automatically in violation of Ohio's "implied consent" laws that require you to submit to the test as a condition of accepting a license to drive from the state. The officer will confiscate your driver's license on the spot. You can appeal the administrative suspension if you act quickly, but the general term for a first-time administrative suspension is one year.

On the flip side of this, however, you may effectively prevent yourself from having a drunk driving conviction on your record. Depending on your situation, it might be wiser to accept the administrative suspension -- especially if you have been drinking and think you might be near or past the legal blood alcohol limit.

If you refuse the test, you won't be alone. A 2015 report indicated that Ohioans suspected of drunk driving were about 54% likely to refuse a breathalyzer test and take the administrative suspension instead. However, you should keep in mind that your attorney can always challenge the accuracy of the breathalyzer itself before you make that decision.

Ultimately, whatever you decide to do, make certain that you have a DWI defense attorney representing you as soon as possible. That's the best way to protect your rights -- and your future.