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NFL player denies refusing breath test after arrest

One of the biggest challenges with tests used to determine if a person will be arrested for driving under the influence of alcohol is the subjectivity of field sobriety tests and potential for inaccurate Breathalyzer tests. This is true whether someone is arrested here in Annapolis, or anywhere else across the country.

Recently, New England Patriots cornerback Alfonzo Dennard was arrested on suspicion of DUI in Nebraska. According to reports, Dennard was given a field sobriety test and then taken to a police station where he was asked to provide a Breathalyzer test. According to police, the NFL player allegedly refused to take the breath test.

Dennard provides a very different account. He denies having refused the breath test. He asserts that he performed two Breathalyzer tests, and that each time the results were below the legal limit. He reports that the police officer alleged that he did not blow hard enough each time, thereby refusing to comply with the request. The football player also contends he passed the field sobriety tests performed when he was pulled over by police. Dennard further asserts he was not asked by police to provide a blood sample.

The subjectivity of field sobriety tests and potential inaccuracies of Breathalyzer tests resulting from tests performed improperly or equipment incorrectly calibrated can create challenges for people arrested for being under the influence of alcohol.

Being convicted of DUI can have a long lasting affect on a person’s life. In addition to the penalties that one could face, up to and including fines, driver’s license suspension and jail time, it can also negatively affect a person’s current employment and future job prospects. People who have been arrested for suspicion of DUI may want to contact an attorney knowledgeable in defending cases such as these.

Source: CBS Boston, “Report: Alfonzo Dennard Passed Two Breathalyzer Tests, Was Told 'He Hadn’t Blown Hard Enough',” June 12, 2013

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