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Old 07-05-2006, 09:29 AM
Shoonra Shoonra is offline
Come and Get Some!
 
Join Date: Oct 2005
Location: Maryland
Posts: 2,745
I had not heard this about Breathalyzers ... but I believe that, everywhere, a driver is legally entitled to demand a second, more technically advanced, blood alcohol test - most likely an actual blood sample.

At the same time, every state has an implied consent law, which states that if you refuse the intoxication test offered by the cops your license is automatically revoked or suspended - even if you could have beaten the DUI charge. You would not even be allowed to delay the roadside test (on the pretext, for example, of waiting for your lawyer), that would be regarded as a refusal. These laws have been upheld all the way to the Supreme Court.

So my advice is do not refuse the roadside test but also insist immediately on having the second test.
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