Indeed. When I got my DWI, I was aware of the wording, and before I agreed to the breathilyzer I made a point of saying ''if I don't blow a .1, I walk out of here, right''? The Officer agreed. I wanted assurance that no other reasons would be given to contain me.
With respect to the "breathalyzer" whether one takes it or not or "passes" it or not is not a determination of the charge. They can still be prosecuted, because if they refuse to take it the prosecution can still rely on (A). Originally Posted by LexusLover
I figured I was 50-50 to pass or fail. I was right.
.1.. I got to stay
