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Many people who come to see me after being arrested for DUI are surprised that the warning they were read, which is called the implied consent warning, was given to them in a way that they didn't know they really have a good choice. It sounded like they were going to lose their license if they took the test and it sounded like they were going to lose their license if they refuse the test. Many of them unfortunately chose a decision to refuse it. However in this particular case the implied consent warning does give you options if you take the test that you're not going to get if you refused.

For example if you refuse the State's tests, they are not going to help you get an independent test. They don’t have to. The law says they don't have to. You're going to lose valuable rights if you didn't take the original test offered by the police, which is the official breath or blood test. Not something done at the roadside. Find out what your rights are and we'll do everything we can to help you. If you are ever put in this position you should usually submit to the test unless you've been in an accident involving injuries or death. You should take the test and then ask for your independent test of blood and later breath.

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