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AGO Opinions with Topic: LEGALITY OF BLOOD TESTS AND BREATH TESTS IN DRUNKEN DRIVING PROSECUTIONS
AGO 1950 No. 333 >  September 18, 1950
LEGALITY OF BLOOD TESTS AND BREATH TESTS IN DRUNKEN DRIVING PROSECUTIONS
LEGALITY OF BLOOD TESTS AND BREATH TESTS IN DRUNKEN DRIVING PROSECUTIONS

(1) One may not be compelled to submit to blood tests or urine tests in drunken driving prosecutions, but one may be compelled to submit to a breath test.(2) Results of such tests, if secured without compulsion, are admissible in evidence, and no violation of the self-incrimination clause is involved.

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