If only it were the easy! Unfortunately, California appellate courts do not believe you are "in custody" and "under interrogation" when asked most, if not all, questions, relating to a common DUI arrest. Thus, Miranda does not apply.
Even if it did/does apply, you still need to determine what it is you wish to suppress (keep out of evidence) and if it even hurts your case.
Retain a quality, locally experienced, DUI attorney to assist if you have a pending DUI case. And make sure to...
Exactly why you should have retained quality counsel immediately after your arrest! The attorney could have represented you at the DMV hearing challenging the refusal allegation.
Your suspension because of the refusal should only be 1 year, assuming this is your first DUI within the past 10 years.
Smarten up! This "ticket" is a misdemeanor offense which can land you in jail if convicted. Request a DMV hearing within 10 calendar days of your arrest and hire yourself the best, locally experienced (OC), criminal defense attorney you can afford.
Read reviews and ask the attorney directly. That being said, we can only do so much with the facts some times.
For a first time DUI, 20-25 is more than enough time to initially evaluate a case...particularly without having the discovery to review.
The first issue is whether or not you even qualify for a court appointed attorney.
You are facing up to a year in jail on DUI#2 and up to 6 months on the DUI#1 probation violation, not to mention a driver's license suspension of at least a year due to driving with a measurable amount of alcohol while on DUI probation.
The fact no bad driving was observed, coupled with the low BrAC will help, but there is too much as stake not to deal with this proactively (assuming you can financially...