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Old 08-10-10 | 12:54 AM
  #36  
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rustybrown
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From: DeSouf
Originally Posted by dsh
Someone want to explain how refusing the breath test would have helped?
I believe it has to do with hard evidence. A positive breath or blood test is admissible in court. Basically, you're screwed.

Refusal of the test, you will still be detained, scratch that...arrested, for suspicion of DUI. But the prosecution has a more difficult time proving guilt without the test proving you blew a .2 BAC when the case goes to trial.

But the cops testimony will probably trump the lack of evidence anyway.

Jury trial---guilty by your peers with the stigma of DUI.
Judge trial---cops are never wrong...this guy in front of me is guilty.
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