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Did I have to take the roadside breath test?

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Hello this is Attorney Patrick Silva with another answer to one of your fequently asked questions. Many times I get asked, did I have to blow into the roadside breath test. That’s governed by vehicle code 23612A1D. The test is completely voluntary, the officer should have told you it was voluntary and that you had the right to refuse that test. The is only two instances where you are required to take the roadside breath test. 1. If you are under the age of 21 and 2. If you are on probation for a prior DUI.
This is Attorney Patrick Silva, I hope this has helped you. Have a nice day.

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