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A suspension can occur from either the refusal to submit to a chemical test or results of 0.08 or greater alcohol concentration when a chemical test is taken. This blood alcohol concentration (0.08 grams percent) applies to drivers aged 21 and over, but a lower BAC level applies to underage drivers or any driver operating a commercial motor ...
Breath test results are usually available immediately; urine and blood samples are sent to a lab for later analysis to determine the BAC or possible presence of drugs. Some states sought to impose criminal punishment for a refusal to submit to a chemical test of their breath or blood; however, in Birchfield v.
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If over the legal limit of 0.05g per 100 millilitres of blood, then a second breath test will be taken and used as evidence against the driver when charged with the offence. [36] If a person is suspected to be under the influence of an illegal drug, they will be required to supply a urine sample. [ 37 ]
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Birchfield was a consolidation of three cases: Birchfield v.North Dakota, Bernard v.Minnesota, and Beylund v.Levi.Birchfield was charged with violation of a North Dakota statute for refusing to submit to blood alcohol content testing; Bernard was charged with a violation of a Minnesota statute for refusing to submit to breath alcohol testing; Beylund underwent a blood alcohol test consistent ...
Note that penalties apply to the lowest reading taken across both breath and blood tests. For example, if a driver twenty years or over has a breath test result of 426 μg/L but a subsequent blood test returns 0.077% BAC, then the driver is not charged with any drink driving offense despite the breath reading being over the breath alcohol limit.