1) If I test over .05, I should plead guilty.
TRUEWRONG ANSWER.FALSECorrect. 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) I can be sentenced to attend a DUI School even if I was not driving at the time of the arrest.
TRUECorrect. You are required to attend a DUI Course also known as Risk Reduction Program if you have been charged with an alcohol and/or drug violation...driving or not.FALSEWRONG ANSWER.
I will lose my license for a year, if I refuse to blow into a hand-held breath tester during my roadside stop.
TRUEWRONG ANSWER.FALSECorrect. You do not need to consent to hand-held breath tests. The results may only be used to justify an arrest.
I will lose my license for a year, if I refuse to blow into the breath machine or have my blood drawn at the police station or detox center
TRUECorrect. The state will revoke your license for a year administratively if you refuse to test, but you still can contest the stop & arrest FALSEWRONG ANSWER.
I can "fool" the breath machine and keep my license by not blowing hard enough to make it work.
TRUEWRONG ANSWER.FALSECorrect. If you do not blow hard enough, the officer will count in as a refusal. Your may lose your license for a year.
I am entitled to talk to a lawyer before I decide to take a test.
TRUEWRONG ANSWER.FALSECorrect. State law gives you no right to talk to a lawyer at this point.
Police are allowed to stop me anytime they have a "hunch" that I may be DUI, such as when it's 2 a.m. and bars just closed.
TRUEWRONG ANSWER.FALSECorrect. Police must observe some behavior that gives them a reasonable suspicion that a person is DUI, or observe a traffic infraction, before they can pull anyone over.
If I am convicted of DUI, I must attend classes at a certified facility, such as, ! Alpha DUI Driving School.
TRUECorrect. You must complete any treatment recommended including a DUI Class, unless otherwise ordered by the judge. FALSEWRONG ANSWER.
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