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Judge: Lawmaker Facing DUI Charge May Drive For Work, Court

MASON (WWJ/AP) - A judge says state Rep. Bob Genetski, who is facing a drunken driving case, may use a vehicle for the next year under certain circumstances.

Ingham County Circuit Judge William Collette granted the Saugatuck Republican driving privileges for work and court on Wednesday.

The Secretary of State suspended 45-year-old Genetski's driver's license last month following his alleged refusal of a Breathalyzer test. The suspension was set to take effect April 9.

Genetski had appealed that decision and sought a restricted license. His attorney, Mike Nichols told that the appeal has been adjourned for now.

"(The appeal) is still pending, although I think what I need to do now is turn my focus to the criminal case," Nichols said.

The second-term lawmaker was charged with misdemeanor drunken driving following his Jan. 19 arrest in East Lansing. Court records show he was arrested after refusing a Breathalyzer test on site.

Genetski has said he refused the Breathalyzer test because he believes he passed a field sobriety test. Nichols said Genetski "still believes he was safe and sober."

A blood alcohol test that was taken approximately an hour and a half after his arrest showed Genetski's blood alcohol content at .08 -- the legal limit in Michigan.

"A .08 is scientifically under the legal limit," Nichols said. "I know that sounds kind of strange, but when you factor in all of the sources of uncertainty in any measurement system, it's scientifically possible to be under the legal limit. At the same time, it's also scientifically over the legal limit. The question is, what's the probability that the true value of a blood-alcohol analysis is within a range of measurements."

Genetski's trial, which was originally scheduled for next week, was adjourned to allow time for further investigation, according to the East Lansing District Court.

TM and © Copyright 2011 CBS Radio Inc. and its relevant subsidiaries. CBS RADIO and EYE Logo TM and Copyright 2011 CBS Broadcasting Inc. Used under license. All Rights Reserved. This material may not be published, broadcast, rewritten or redistributed. The Associated Press contributed to this report.

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