This is one of the most common questions asked of criminal attorneys. There are pros and cons to each side. If you choose not to submit to either the field sobriety or breathalyzer test, then the police must make a decision on whether to arrest you without much evidence. If you do submit to the testing, you may be giving them evidence to used for probable cause and against you at trial. However, if you do refuse the test and are later found guilty at trial, the penalties are more severe, so this decision does run a risk. Most DUI attorneys will advise clients to refuse the testing, which will give that attorney a better chance to win at trial, but it is important for you to understand the risks of such a decision.