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In a DUI Arrest, if You Blow ZERO on Breath Test, are you Free to Go?

Posted by attorney William Head

Many states (e.g., SC, CA) require police officers who suspect a driver of being DUI-alcohol to first submit to a breath test. Other states (e.g., GA) allow the officer to select which type of test he or she wants to obtain. The suspected drunk driver's failure to submit to testing can result in a total license suspension. Even if a driver blows a ZERO (0.000) alcohol result, in many states, officers have the legal right to obtain an alternative test, so long as he or she follows the State's laws on implied consent. In GA, for example, the officer must first re-read the warning to the driver, and this time request blood or urine or both.

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