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The sentence for refusing to give a breath sample is usually higher than either of the exceeding 80 m.g. offences. Consequently it is usually easier in the long run for you to give a breath sample if asked. If, for example you are convicted of "Refusing to give a breath sample" for the first time, but was earlier convicted of "Driving while impaired", your conviction for "Refusing" will count as a second conviction, not a first,and will receive the stiffer penalty for second offences.(Erwin p18)
For the first offence here is the penalty and the defenses you can make. Driving a vehicle while your ability to drive is impaired by alcohol or drugs is one of the offences...
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