What Is a DC-70 and How Does It Affect Breath Tests?
The DC-70 form is an essential document in Kansas DUI (Driving Under the Influence) cases, designed to inform individuals of their rights and potential consequences before submitting to an evidentiary breath, blood, or urine test. Under Kansas law, when a person is arrested on suspicion of DUI, the arresting officer is required to read the DC-70 form aloud to the suspect before requesting any such tests. The purpose of the DC-70 is to ensure that individuals are fully aware of the legal ramifications of either submitting to or refusing the test, particularly how their decision will affect their driver’s license and the evidence in any subsequent criminal proceedings.
When and Where Is the DC-70 Form Read?
Typically, the DC-70 form is read to the suspect at the police station, after they have been arrested and transported from the scene of the initial traffic stop. Although the officer may conduct preliminary breath tests or field sobriety tests at the roadside, the advisories outlined in the DC-70 are reserved for the formal evidentiary test, which is often performed at a more controlled environment like a station or medical facility.
The officer must read the form aloud before any breath, blood, or urine test is conducted. If the officer fails to properly read the DC-70 form or skips any of the advisories, this may have significant legal implications, potentially invalidating the test results or even affecting the charges brought against the individual.
What Does the DC-70 Form Cover?
The DC-70 form includes a series of advisories that inform individuals about their legal obligations, the potential consequences of refusal, and the results of submitting to the test. These advisories are crucial because Kansas law requires drivers to submit to chemical testing if an officer suspects them of DUI. Here are the key advisories that must be read to the individual:
Testing Requirement:
Under Kansas law (K.S.A. 8-1001), you are required to submit to and complete one or more tests (breath, blood, or urine) to determine if you are under the influence of alcohol, drugs, or both. Refusing these tests is a violation of implied consent laws, which could result in significant legal penalties.Right to an Attorney:
You do not have the constitutional right to consult with an attorney before deciding whether to submit to the test. This is a critical point because many individuals mistakenly believe they can wait to consult legal counsel before making this decision. The DC-70 clarifies that the decision to take or refuse the test must be made without legal advice at that moment.Consequences of Refusal:
If you refuse to submit to any requested test, your driving privileges will be suspended for one year. Refusing the test can also be used as evidence against you in court, meaning that your refusal may be presented to a judge or jury as an indication of guilt.Consequences of Test Failure – BAC of 0.15 or Greater:
If you take the test and your BAC (Blood Alcohol Concentration) is 0.15 or higher, your driving privileges will also be suspended for one year. This level of BAC represents a significant level of intoxication under Kansas law, triggering automatic suspension.Consequences of Test Failure – BAC Between 0.08 and 0.15:
If your BAC falls between 0.08 and 0.15, the length of your license suspension will depend on whether you have any prior occurrences (which could include previous test refusals, test failures, DUI convictions, or diversions related to alcohol or drugs).If you have no prior occurrences, your license will be suspended for 30 days.
If you have one or more prior occurrences, your license will be suspended for one year.
Prior Occurrences:
A prior occurrence includes a test refusal, test failure, or a DUI-related conviction or diversion. Even if the prior occurrence happened years ago, it will affect the penalties you face if you fail a breath test.Evidence in Court:
If you refuse the test, this refusal can be used against you in any trial or hearing related to the DUI charge. On the other hand, if you submit to the test and fail, the results of the test can also be used as evidence against you.Right to Additional Testing:
After you complete the test requested by the officer, you have the right to consult an attorney and obtain an additional test at your own expense. This additional testing can be done at a medical facility willing to conduct such testing. It is in your best interest to act quickly if you wish to seek independent verification of your BAC.
Special Provisions for Certain Drivers
There are additional advisories on the DC-70 form for specific categories of drivers:
Commercial Drivers License (CDL) holders: CDL drivers are subject to stricter rules, and the consequences for refusing or failing a test are typically more severe, including disqualification from driving commercial vehicles.
Drivers Under 21: Kansas has a zero-tolerance policy for drivers under the legal drinking age of 21. Even a BAC as low as 0.02 can result in a DUI charge and license suspension.
What Happens If the DC-70 Form Is Not Properly Read?
The correct reading of the DC-70 form is a critical procedural requirement in DUI cases. If the officer fails to read the advisories in full, or if they improperly explain the consequences of taking or refusing the test, this could provide your defense attorney with grounds to challenge the evidence against you. The penalties for test refusal or test failure are severe, so strict compliance with the law is required.
If your attorney can prove that the officer did not meet their legal obligations by failing to read the DC-70 advisories properly, you may be able to:
Suppress the results of the breath, blood, or urine test, meaning the prosecution cannot use them as evidence in court.
Argue that your license suspension is invalid, which may allow you to retain your driving privileges.
This failure to follow proper procedure could impact both your criminal case and the administrative process related to your driver's license.
Why the DC-70 Form Matters in Your DUI Case
The DC-70 form is a crucial document in any Kansas DUI case because it directly impacts both the criminal proceedings and the administrative penalties involving your driver’s license. The decision to take or refuse a breath test is a critical one, and the consequences of that decision can be severe. Without understanding the advisories on the DC-70, drivers may inadvertently make choices that have long-lasting impacts on their driving privileges and legal outcomes.
If you have been issued a DC-70 form, it’s essential to consult with a DUI attorney as soon as possible. A knowledgeable attorney can review the details of your case, ensure that the proper procedures were followed, and help you navigate both the criminal case and the administrative hearing related to your license suspension.