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Portable alcohol breath testing devices cannot be used for persons under the age of 21.

Question: True or False: Portable alcohol breath testing devices cannot be used for persons under the age of 21.
A. TRUE
B. FALSE



Click here to know the Answer

FALSE

Portable Alcohol Breath Testing Devices: Authorized by s.322.2616, F.S., can be used for persons under the age of 21. Reading is admissible as evidence in any administrative hearing conducted under s. 322.2616, F.S.

F.S. 322.2616(16) states that by “applying for and accepting and using a driver’s license, a person under the age of 21 years who holds the driver’s license is deemed to have expressed his or her consent to the provisions of this section.”

A breath test to determine breath-alcohol level pursuant to this section may be conducted as authorized by s. 316.1932 or by a breath-alcohol test device listed in the United States Department of Transportation’s conforming-product list of evidential breath-measurement devices.

The reading from such a device is presumed accurate and is admissible in evidence in any administrative hearing conducted under this section.

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