Here in Alberta (which is very much not where he was arrested), it's illegal to refuse to take the test. They can't force you to take it, but they can charge you with the crime of not taking it. Generally, the best approach if you're trying to be acquitted of a DUI charge on a technicality is to blow the second they ask you to, then try to contest that they didn't have reasonable grounds for asking you to blow. Or that the machine's broken. That one's more difficult, though.
And, for the record, no, I did not learn this from experience. ^_^
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Here in Alberta (which is very much not where he was arrested), it's illegal to refuse to take the test. They can't force you to take it, but they can charge you with the crime of not taking it. Generally, the best approach if you're trying to be acquitted of a DUI charge on a technicality is to blow the second they ask you to, then try to contest that they didn't have reasonable grounds for asking you to blow. Or that the machine's broken. That one's more difficult, though.
And, for the record, no, I did not learn this from experience. ^_^
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I just kinda wish Pasdar had his video camera going during this arrest.
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