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MR. MYLES L. BERMAN® – asa* Miles Berman: With the DMV, generally, the issues are whether or not the officer had probable cause to place somebody under arrest for driving under the influence, whether or not the person was actually placed under arrest for driving under the influence, and whether or not the person had a 0.08 or greater at the time of driving or whether or not the person refused, if they were offered a choice of a blood or a breath test and they refused. *means “also spelled as”

Description: The DMV considers several issues when penalizing drunk drivers.

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