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Test Answers

1. False. Breath machines are not infallible and a retest of your sample could be off by more than 20%. But even if the machine worked properly there are many other grounds for defending a DUI charge that can lead to a dismissal of the charge.

2. True. The Detox center can detain you if it finds that you would present a danger to yourself or the public if released.

3. False. You do not need to consent to hand-held breath tests. The results may only be used to justify an arrest.

4. True. The state will revoke your license for a year administratively if you refuse to test, but you still can contest the stop & arrest.

5. False. If you do not blow hard enough, the officer will count in as a refusal. Your may lose your license for a year.

6. False. State law gives you no right to talk to a lawyer at this point.

7. False. Police must observe some behavior that gives them a reasonable suspicion that a person is DUI or DWAI, or observe a traffic infraction, before they can pull anyone over.

8. True. You must undergo an evaluation by the probation department and you must complete any treatment recommended, unless otherwise ordered by the judge.

9. True. If the dates of the offenses are within five years of each other, at a minimum, you will spend 5 to 10 days in jail, if you are convicted.

10. False. State law requires the prosecutor to try the case unless he can state to the court that does not believe he can prove the charge.

11. False. When you are revoked, you have a seven days to request a hearing at Motor Vehicle. If you had a valid license at the time of the stop, you will be given a permit to drive until a hearing, which must be set within 60 days.

12. True. State law gives you a right of appeal to District Court. It must be made within 30 days of your hearing. 13. True. Prior convictions from any state count, but the prosecution has to prove them.

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