DUI Rights

Published 01/01/2020

DUI’s and Refusal’s are generally prosecuted based upon breathalyzer, blood or urine tests and observations made by witnesses and police officers.

If the State seeks to use the Breathalyzer results they must meet the following requirement:

(1) that you consented to the taking of the test,

(2) a copy of the test results was mailed, within 72 hours of taking the test, to you (if you submitted to a blood test then it’s a 30 day window),

(3) test was performed according to the approved testing methods by the Department of Health,

(4) the person performing the test was certified to give the specific test,

(5) the equipment used for the test was tested for accuracy within 30 days prior, and

(6) you were afforded the right to have an additional test.

You are entitled to certain legal rights after being detained for DUI. Most importantly you have the opportunity to make a Confidential Call as soon as practicable after you have been detained to secure an attorney or arrange for bail. If transported to the hospital, you have a right to make a call no later than one hour after being detained.

An Experienced DUI attorney will defend your rights and fight to keep your license.

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