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By not taking the breathalyzer test the criminal DUI charge is somewhat defensible. The State may not have any evidence to establish the level of alcohol in his blood. They may be able to point to other testing that was performed heel-tow, eye movement , touch you nose, letters of the alphabet backwards tests if performed. The receipt itself may also be incriminating in terms of how much he had to drink. A DUI attorney can probably work around those depending on what was done and how your brother performed. While it may be late an attorney might have been able to suppress the receipt in your brothers wallet if it is incriminating.
The failure to blow carries an automatic administrative suspension. If arrested for SC for DUI and you refuse to blow into the Datamaster or give a blood test, your license to drive should will be suspended immediately for 90 days. I assume you brother completed this suspension already. it would be worthwhile to consult with a local attorney that specializes in DUI.
That is why I was referring to suppressing the evidence. The officer's conduct may have been a 4th amendment violation (illegal search). This is something your brother's attorney is in a better position to address. If applicable the motion to suppress should have been filed already prior to the hearing. The receipt can also show your brother did not drink excessively.It can be demonstrative that not enough alcohol was consumed to be in violation.
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