DO NOT waive your rights and DO NOT answer questions. After you have failed the breath test and seen the disappointing digits flash on the machine the police usually ask you to waive the right to remain silent and answer a few questions. If you waive your rights and answer questions you will probably incriminate yourself. Standard questions include: "What have you been drinking and how much? Are you under the influence of an alcoholic beverage now?" Anything you say can be used against you in court later. You should politely say that you do not wish to answer any questions at this time.