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CRT3: No one has the facts yet. He should have taken the breathalyzer, then tryed to delay as long as possible till they got back to the station to do the blood test (the one that's actually useful in court) often times if you are slightly above the legal limit you'll have sobered up by the time you get to the jail in order to do the real test. On the road breathalyzers are often inaccurate and can be battled in court.
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