Officer asking for more than one type of chemical test did not invalidate implied-consent notice  

Topic: DUI, Decided by: Judge Walker 
Docket Number: 2218342 , Decision Date: May 20, 2022 
Attachment: Click here to download the decision. 

In affirming the license suspension following a driver’s DUI arrest, the Court rejected the driver’s argument that the arresting officer’s reading of the implied-consent notice was insufficient.  The officer had asked the driver whether she would consent to a “blood and/or breath test.”  The Court concluded this designation did not render the implied-consent notice inaccurate, given that the notice also distinguished the consequences of refusing breath testing versus refusing blood testing.

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