Wednesday, August 8, 2012

Breath Sample: Know the limits



The peace officer may require the driver to provide a breath sample using an approved instrument when it has reasonable grounds to believe that the ability to conduct the person was impaired or driving it faster than allowed by law. Usually, this test is administered at the police station.

Anyone who refuses, without reasonable cause, to provide a breath sample pursuant to the order of a peace officer may be convicted for refusing to obey the order to provide a breath sample. The person convicted is liable to the same penalty as that would have been imposed if she had been convicted of impaired driving.

The peace officer may ask the person who is unable to provide a breath sample because of his physical condition to provide a blood sample. A doctor or other qualified professional can take the blood sample. Refusing to provide a blood sample is also a criminal offense.

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