The appellant appealed a 90-day administrative driver's licence suspension, arguing he was unable to provide a second breathalyzer sample due to acid reflux and stomach cramps from drinking toilet water in his cell.
The Tribunal found the appellant's medical condition was mild and did not justify his refusal to comply with the breath demand.
The Tribunal noted the appellant initially refused the second test on the basis that he had already provided two samples, not for medical reasons.
The suspension was confirmed.
