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Fred CI think I'd demand a blood test (at a minimum) if I were the law enforcement agency in charge of investigating a "potential" drunk driving incident that resulted in a fatality. I wouldn't rely solely on a breathalyzer test to prove guilt. If he's guilty then I'd hope he'd take full responsibility for his actions. If he's guilty and he tries to get off on a technicality or he tries to get off because he has some crack legal team, then all you can do is hope he's found guilty and he is prosecuted to the full extent of the law.