Comment Re:How about mandatory felony sentences instead? (Score 1) 420
Whenever you are suspected of drunk driving by exceeding the roadside breathalyser test, you are taken to the police station to get another blood alcohol reading. The police station breathalysers are recognised by the courts as providing an accurate and lawful reading, this is unless you want to challenge the validity of the process in court with expert testimony that the police station alcohol test was improper in some way.
Easier solution: if you are drunk, do not consent to the breathalyzer/blood test. They can still try to convict you, but it's a lot harder without the forensic evidence. That can also try to phone a judge and get a warrant, but that takes time and judges don't like being woken up -- if they have a warrant, you have to comply. And don't let them try any of this "implied consent" nonsense, the US Supreme Court has recently affirmed that a motorist can withdraw/refuse consent to any test at any point, see Missouri v. McNeely explicitly holding that neither implied consent nor exigency allows the police to compel a DUI test without first obtaining a warrant.
Of course, you can have your license suspended for refusing the test (i.e. the right to refuse consent to the test does not confer immunity from the consequences) but that's all civil. You'll have a much better chance at avoiding the criminal conviction and subsequent stint in jail.