Originally Posted by WMR
Yep, it would have, however, given him a much stronger defense and reason to fight the charge in court had he blown below a .08. That would have lended much more credibility to his other 'extenuating circumstances.'
What you say is true. I just wanted to point out that people do get charged and convicted of OVI even if they don't register at .08 or above. I'd rather not get into a discussion about the merits of taking the breathalyzer. Suffice it to say that there are viable arguments on both sides.