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The test refusal becomes an interesting question on a first-time DUI because, really and truly, with the ignition interlock device having to be installed at a 0.16 or greater, it would probably be in a person’s best interest overall to refuse testing under that circumstance, although as a lawyer we cannot advise any client to refuse testing because we’re advising them to commit a new crime. So that’s a very interesting question.
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Refusal to take a test is an interesting question in the case of a first time DUI and a blood alcohol level above .16. Minneapolis DUI lawyer David Valentini explains.