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Driving while intoxicated is a misdemeanor offense. If the police
stop you because they suspect you are intoxicated while driving,
you must give them your license and registration. They may ask
if you have been drinking. Police do not have to give you Miranda
Warnings, but you do not have to answer any questions. The police
may bring you to the station to take a BREATHALYZER
test. If you refuse to take the test (a breathalyzer is a machine
you breathe into and it measures the percentage of alcohol in
your system), the police may report your refusal to the Registry
and your license may be suspended for refusal to take the test.
The loss of your license is separate from the offense of drunk
driving and if your license is suspended because you did not take
the test, it won’t matter whether you are ultimately found
guilty of drunk driving or not. If your license is suspended,
you are entitled to have a hearing before Registry officials at
which you may contest the suspension; you are entitled to have
a private attorney represent you at this hearing but, if you are
indigent, a Public Defender lawyer will not be assigned to represent
you.
The results of a breathalyzer test are admissible in court against
you. You can be convicted on the basis of breathalyzer results
alone, and you can be convicted even if you did not take a breathalyzer
test; if there is no breathalyzer, the police will simply testify
to your conduct and appearance.
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