On Your Own; Your Legal Right @ Eighteen On Your Own formatted final version | Page 48

a conviction for DUI. The refusal to take this breath test can be introduced
into evidence in a court proceeding, but the trial judge must tell the jury
that the person had the right to refuse.
For a DUI first offense, the license suspension for refusing to provide a
sample is six months, as opposed to three months for a person who takes
the test and is over the legal limit of .08%. This is intended as an incentive
for people to submit to the test. If your license is suspended, you must
complete a court-approved alcohol rehabilitation program, get a drug and
alcohol assessment by a licensed counselor, do any follow-up they
recommend, and obtain expensive SR-22 insurance. You may, however,
be able to get a “restricted driver’s license” (or “RDL”) if you can afford to
put a device in your car (called an “ignition interlock device”) that forces
you to blow into a tube each time you start your car, and won’t let the car
turn on if there’s alcohol on your breath. RDLs are only available
immediately for those who don’t refuse the Datamaster.
A person processed for DUI has certain rights. First, the police cannot
force you to speak, perform dexterity tests, or take breath or blood tests.
Any refusal, however, can be used against you in subsequent court
hearings. Second, once arrested, the police must inform you of your
“Miranda” rights before questioning can begin. Third, as mentioned
above, you have a right to speak with an attorney before deciding
whether to take the Datamaster test. There is a 24-hour on-call system
of attorneys who take these calls and speak with people free of charge.
If, however, the police are unsuccessful in contacting a lawyer after
trying for 30 minutes, you will need to make the decision without
speaking to a lawyer. If you take the test, then the police must offer you
an opportunity to take the test again. In addition, after the police
processing is over, you always have the option to go to a hospital to have
an independent blood test. If you are incarcerated after the processing,
the police, if you so request, will take you to the hospital for an
independent test. The results of the independent test would only go to you
and/or your attorney.
Under some circumstances, such as if a person has suffered serious
bodily injury or has died, or is unable to respond, or if the police think the
person is under the influence of drugs rather than alcohol, or if breath
testing equipment is not readily available, the police may seek a warrant
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