DUI DWI: International Referral

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DUI: driving ability significantly impaired; DWAI: driving ability impaired to the slightest degree; Per se: .1; Driving: physical control of a vehicle; Place: anywhere in the state; Right to an attorney: none before test request; Implied Consent: repealed and now called express consent; Advisement by officer: none; Test: May choose breath or blood, no independent sample, but samples saved for retest; Breath: Intoxilyzer 5000, single sample; PBT: officer must advise persons over 21 they have a right to refuse; FST: must be voluntary if no PC, can be ordered if PC; Refusal: jury told; Checkpoints: yes; License: no driving for 90 days on first offense over .1, 1 year for refusal or subsequent offenses, other state convictions count, right to have officer present; Presumptions: Sober: .05 or below, DWAI: .05+ to .099, DUI: .1 and above; Trial: Jury of six; Speedy trial: six months; Appeals: none without going to trial; Court: misdemeanors in county courts

 

 

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