WHAT IS THE DC-70 (NOTICE THE POLICE MUST GIVE YOU BEFORE REQUESTING YOU TAKE A BREATHALYZER)?
The DC-70 is a form that officers are supposed to read to a person that has been arrested for suspicion of DUI. This form should be read aloud before the officer requests the individual to submit to a breath, blood, or urine test. The DC-70 form is supposed to inform the individual of their legal rights and any penalties placed on their driver’s license before they submit to or refuse to take the evidentiary test.
The DC-70 is normally read at the police station, not on the scene at the original stop. There are ten advisories on this form that are to all individuals with additional advisories read to those with a CDL license or those under the age of 21. Below are the advisories which will be read to the individual:
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.
You have no constitutional right to consult with an attorney regarding whether to submit to testing.
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.
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.
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.
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.
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.
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.
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.
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 doesn’t read the individual the appropriate advisories, then they have not complied with their legal obligations and the individual may have grounds to keep their refusal or their evidentiary breath test out of court and possibly keep their license.