Driver’s insistence upon blood test alone constituted refusal.

Topic: DUI, Decided by: Judge Kennedy 
Docket Number: 1450018 , Decision Date: June 17, 2014 
Attachment: Click here to download the decision. 

The driver, who was under arrest for driving under the influence (DUI), refused to take the breath test designated by the arresting officer, insisting instead he would only take a blood test.  Refusing to take the test designated by the arresting officer is tantamount to a refusal to submit to chemical testing, even though a driver is entitled to request an independent test after submitting to the test designated by the officer.

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