No. Never. Before blowing into their machine, think about a certain Mr. Bakst found out when he tested .034.[1] Upon testing well under the limit for a breath test, he was asked to take another test, a urine test this time. He refused and this refusal was used against him in court. Further, the court instructed the jury that for the purpose of convicting Mr. Bakst under (A)(1):
it must consider all the evidence (which included sub silentio the result of the intoxilyzer test) and determine whether the defendant had consumed “some alcohol whether mild or potent in such a quantity whether great or small that it adversely affected [and] appreciably impaired the defendant’s actions[,] reactions or mental processes under the circumstances then existing and deprived him of a clearness of the intellect and control of himself which he would have otherwise possessed.”[2]
So passing the test back at the station will not get you off the hook. In fact, it will only strengthen the case against you. Think about that when they hand you the blow straw.
[1] State v. Bakst (1986), 30 Ohio App.3d 141.
[2] Id. at 146-147.
