Concern for family not sufficient to excuse refusal to take breath test.

Topic: DUI, Decided by: Judge Kennedy 
Docket Number: 320144 , Decision Date: December 23, 2002 
Attachment: Click here to download the decision. 

A driver’s refusal to submit to a breath test following his arrest for DUI was not justified by personal concerns for his family, his confusion regarding the content of the implied consent warning, or the officer’s failure to affirmatively provide him with an opportunity to rescind his refusal. In addition, an original printed slip from the Intoxilyzer is not needed to prove the driver refused to submit to state-administered chemical testing—the officer’s and driver’s testimony was sufficiently probative.

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