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Old 09-05-2003, 03:54 PM
dadrummer
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respiratory disease and breathalyzer


What is the name of your state? MS.
Let me preface this by stating I, like the moderators, do not approve of drinking and driving, any amount under any circumstances.

Having said that, my understanding of the Implied Consent law is automatic revocation of a drivers license for failure to take a "chemical" test, i.e.,breath, urine, or blood. Therein lies my question.

If someone has a documented respiratory disease which would make it impossible to properly execute a breath test, are any provisions make in the law that would require either a urine or blood sample?
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Old 09-05-2003, 04:29 PM
loocpoc
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Almost all states have provisions allowing for blood or urine samples to be provided if one wishes. Basically the cop will ask you to take a breath test, if one refuses and asks to have blood or urine drawn then there should be no refusal and they should be taken to a hospital.
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