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Question: 1 / 185

Under what condition should immediate suspension occur due to DUI?

The arrestee submits to a chemical test

The arrestee completes a breath test showing BAC below .08%

The arrestee fails to complete the selected chemical test

Immediate suspension of an individual's driving privileges due to DUI is warranted when the arrestee fails to complete the selected chemical test. In many jurisdictions, failing to provide a sample for a chemical test can be interpreted as a refusal to submit to testing, which often carries immediate administrative penalties, including suspension. The rationale behind this is that the failure to complete the test blocks law enforcement from gathering critical evidence needed to determine the arrestee's blood alcohol concentration (BAC) and assess their level of impairment.

Submitting to a chemical test or achieving a BAC below the legal limit typically does not result in immediate suspension, as these actions can indicate compliance with DUI laws. Moreover, claiming legal rights to drink does not influence the need for suspension if there is no measurable impairment or refusal to test. Thus, the failure to complete the chemical test aligns with the legal framework for immediate suspension in DUI cases.

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The arrestee states they are legally allowed to drink

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