What Is A DC-70 Implied Consent Advisory?
A DC-70 “Implied Consent Advisory” is a form that is supposed to be read aloud to an individual after they are arrested for suspicion of driving under the influence. The form should be read by an officer before the officer requests the suspect submit to a breath, blood, or urine test. The DC-70 is supposed to inform the suspect of their legal rights and the possible penalties on their driver’s license before they submit to or refuse to take an evidentiary breath test.
The DC-70 is usually read to the suspect when the suspect is back at the police station, long after the original stop. It will generally not be read on the scene. It contains ten advisories that must be read and additional advisories for CDL drivers and drivers under the age of 21. The following advisories will be recited to the individual.
1. Kansas law (K.S.A. 8-1001) requires you to submit to and complete one or more tests of breath, blood or urine to determine if you are under the influence of alcohol or drugs or both.
2. You have no constitutional right to consult with an attorney regarding whether to submit to testing.
3. If you refuse to submit to and complete any test of breath, blood, or urine hereafter requested by a law enforcement officer, your driving privileges will be suspended for 1 year.
4. If you submit to a breath or blood test requested by a law enforcement officer and produce a completed test result of .15 or greater, your driving privileges will be suspended for 1 year.
5. If you submit to a breath of blood test requested by a law enforcement officer and produce a completed test result of .08 or greater, but less than .15, the length of suspension will depend upon whether you have a prior occurrence. A prior occurrence is a prior test refusal, test failure or conviction or diversion for an alcohol or drug-related conviction as defined in K.S.A. 8-1013, and amendments thereto, or any combination thereof, whether before, on or after July 1, 2001.
6. If you fail a test with an alcohol content of .08 or greater, but less than .15 and do not have any prior occurrences, your driving privileges will be suspended for 30 days.
7. If you have a prior occurrence and fail a test with an alcohol content of .08 or greater, but less than .15, your driving privileges will be suspended for one year.
8. Refusal to submit to testing may be used against you at any trial on a charge arising out of the operation of a vehicle while under the influence of alcohol or drugs, or both.
9. The results of the testing may be used against you at any trial on a charge arising out of the operation or attempted operation of a vehicle while under the influence of alcohol or drugs, or both.
10. After the completion of testing, you have the right to consult with an attorney and may secure additional testing, which, if desired, should be done as soon as possible and is customarily available from medical care facilities willing to conduct such testing.
If the officer does not read you the applicable advisories the officer has not complied with his statutory obligations and you may have grounds to keep your evidentiary breath test or the refusal to submit to an evidentiary breath test out of court as well as keep your driver’s license.
If you have a question about your DUI case or the officer’s recitation of the DC-70 Implied Consent Advisory contact the experienced DUI Defense lawyers at Copley Roth & Davies for a free consultation.
To View a DC-70 Implied Consent Advisory Click Here.
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