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Dont I have the right to seek the advice of an attorney before deciding whether to take the breath or blood test?

A: Generally not because the violation is a civil rather than a criminal matter when it is a first offense. However, since a second conviction is or may be criminal offense, the right to counsel may attach, though as of the date of this writing, no cases have decided that issue. When in doubt, ask to confer with an attorney, but if the request is denied, it is better to take the test and let your attorney address the issue with the court when the matter comes to trial.

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