Refusing or Taking a Breath Test If you are arrested for DUI, you will be read an “implied consent advisory” and asked whether you will consent to take a blood alcohol test, usually in the form of a breath test. You should consider the following when deciding whether to refuse or take the test. Recently…

The National Transportation Safety Administration is recommending the reduction of the presumptive alcohol breath sample from .08 to .05. The reduction to .05 will create a new wave of DUI arrests because even the average social drinker will be presumed to be driving under the influence if he/she has as little as one alcoholic drink…

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