Quote:
Originally Posted by thesmugger
The last thing you said there. So by law, they are required to have a screening if they wont to confirm or deny my suspension?
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No, they are not. That is only written into the law so that if they want you to provide a sample they have the legal authority to demand it from you. Not sure if you missed the highlighted
MAY which means the officer has a choice unlike
MUST which would mean the officer would have to demand a breath sample.
The bottom line is the officer did not require you to provide a breath sample in order to give you a 30 day suspension. You telling him that you consumed alcohol was enough. Had you lied to him and he had reasonable grounds to suspect that you had consumed alcohol, then he most likely would have demanded a breath sample.
Depending on your level of intoxication if any, you telling the truth may have saved you from an actual DUI. Who knows what your BAC would have been if the officer had demanded a breath sample from you.
Like many people have already said, I think you just need to consider yourself lucky regardless if anyone thinks that the GDL is to strict. Who knows, had you provided a breath sample you could have been sitting in a jail cell.