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Sobriety Tests

There are 3 types of chemical tests used to determine a driver’s BAC level:

  • Breathalyzer – A device that records BAC from the breath of a driver.  The driver will be asked to blow into the device and results are returned instantaneously
  • Blood Test – The driver will be asked or forced to provide a blood sample
  • Urine Test – This is used if police suspect that your impairment may caused by drugs or medication

 

Refusing the chemical test used to determine your BAC does not protect you against the ‘Illegal Per Se’ Law because the refusal, in itself, is a violation of the ‘Implied Consent’ Law and carries its own legal and administrative penalties.  Law Enforcement Officials can, if necessary, use force to draw blood that will be used in the BAC testing, so refusing will only exasperate the situation.

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