Can I just choose between breathalyzer and sobriety? 75 Answers as of July 01, 2013

Can I just choose between breathalyzer and sobriety? Am I required to take both tests?

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Cornish, Crowley, Rockafellow, & Sartz, PLLC
Cornish, Crowley, Rockafellow, & Sartz, PLLC | Jacob Peter Sartz IV
I'd recommend you privately consult with an attorney if you need specific legal advice. Any charged with a criminal offense has a right to counsel. If you cannot to retain a lawyer, the court may, depending upon eligibility criteria, appoint you one at the public's expense. Are you referring to the different types of field tests? With most of the field sobriety tests, generally, you have a choice. They tend to be the least reliable. However, the answer gets more complicated if you are taken back to the police station and the police are asking for a data-master test or requesting a blood draw.
Answer Applies to: Michigan
Replied: 7/20/2012
Edward  D. Dowling IV Attorney at Law
Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
You can refuse to take the tests but there are negative consequences, such as suspension of license to drive if refuse chemical test.
Answer Applies to: New York
Replied: 6/21/2012
Michael Breczinski
Michael Breczinski | Michael Breczinski
The sobriety test are used to see if the police want to have you take a breath test. Yes you should take both if requested.
Answer Applies to: Michigan
Replied: 6/15/2012
Law Office of Richard Williams
Law Office of Richard Williams | Richard Williams
The choice is not yours to make.
Answer Applies to: Alabama
Replied: 7/1/2013
Law office of Robert D. Scott | Robert Scott
You are not required to take any test, but if you agree to a test, you don't get to choose.
Answer Applies to: Maryland
Replied: 6/13/2012
    Seth B. Cobin, Attorney at Law | Seth Benjamin Cobin
    Usually, you will be asked to take a field sobriety test first and then a breathalyzer. Refusal to take either test could result in you being charged with a gross misdemeanor.
    Answer Applies to: Minnesota
    Replied: 6/13/2012
    Craig W. Elhart, P.C.
    Craig W. Elhart, P.C. | Craig Elhart
    You may chose. But you may not decline both.
    Answer Applies to: Michigan
    Replied: 6/12/2012
    Larry K. Dunn & Associates | Larry K. Dunn
    Assuming your question is whether you may elect a roadside breathalyzer (Preliminary Breath Test "PBT") or a physical field sobriety test, you may request to take the PBT instead of the physical tests. Your are not required by law, to submit to the physical tests and your are only required to submit to the PBT if the officer already has reasonable grounds to believe you are under the influence of alcohol which usually is determined from the physical tests.
    Answer Applies to: Nevada
    Replied: 6/12/2012
    Dennis Roberts, a P.C.
    Dennis Roberts, a P.C. | Dennis Roberts
    What is a "sobriety"?
    Answer Applies to: California
    Replied: 7/1/2013
    The Short Law Group, P.C.
    The Short Law Group, P.C. | Shawn Kollie
    Although refusing a breath test will be another citation, and a possible 1 year license suspension in Oregon, this would be your right to refuse to provide a breath sample. Refusing the Standard Field Sobriety tests however has no additional penalty or fine, but can be 'used against you.' Talk with a DUI Lawyer in your area as to how a refusal may help bolster your case, or provide some beneficial aspects to your case if it goes to trial.
    Answer Applies to: Oregon
    Replied: 6/12/2012
    R. Jason de Groot, P.A
    R. Jason de Groot, P.A | R. Jason de Groot
    You cannot choose, you must do what the police say, and that is usually both. However, it is often to a defendant's benefit not to do the breathalyzer test. You see, each cop in the state has been to dui school where they learn exactly what to do and exactly what to say. His eyes were bloodshot, his speech was slurred, his gait was staggered, and there was a strong odor of alcohol on his breath.
    Answer Applies to: Florida
    Replied: 6/11/2012
    Anderson Law Office
    Anderson Law Office | Scott L. Anderson
    An officer can require you to test by blood, breath or urine. If you fail to comply you could be charged with refusal to test.
    Answer Applies to: Minnesota
    Replied: 6/8/2012
    The Law Office of Harry E. Hudson, Jr.
    The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
    By sobriety do you mean the llittle tests where you are standing on the side of the road balancing or walking the line? If so, you do not have to do those. Breath or similar, urine or blood, you may decline if you wsh to lose your license for a long time even if you win the DUI case, BUT there is an implied consent that says you take those tests. Its not an either or.
    Answer Applies to: California
    Replied: 6/8/2012
    Law Office of Jared Altman
    Law Office of Jared Altman | Jared Altman
    No. You don't have to take either. But, if you refuse a chemical test then your license may get revoked for a year.
    Answer Applies to: New York
    Replied: 6/8/2012
    Law Office of Ronald G. Draper | Ronald G. Draper
    Your question makes no sense because they are one in the same. Also you are not required to take any kind of breath test.
    Answer Applies to: Illinois
    Replied: 6/7/2012
    Law Offices of Eric J. Bell | Eric J. Bell
    You can refuse to take either test.
    Answer Applies to: Illinois
    Replied: 6/7/2012
    Michael Maltby, Attorney at Law
    Michael Maltby, Attorney at Law | Michael Maltby
    When you say sobriety, I believe you are referring to standardized field sobriety tests. These tests are voluntary. Do not take them. As to the breathalyzer. You should submit to that in the vast majority of occasions. The key is to speak to a lawyer first before submitting a breath sample if at all possible. You are not required to take a breathalyzer test, but they will suspend you license for at least a year if you don't.
    Answer Applies to: Washington
    Replied: 6/7/2012
    The Law Office of Kevin O'Grady
    The Law Office of Kevin O'Grady | Kevin O'Grady
    When you are stopped for a DUI the officer has already been taking note of your actions to arrest you. He may indicate your drove poorly etc. Once he meets you he will continue the investigation. He may ask you questions regarding drinking. You do not have to answer those questions. He may direct you or request that you perform field sobriety tests. In Hawaii, you do not have to take the eye test (HGN), nor the walk and turn nor the one leg stand. You don't have to take any other physical dexterity tests such as finger to nose, counting or reciting the alphabet either. Do not take these tests. Finally, an officer may request or demand you take a preliminary breath test on a portable handheld device. You do not have to take this either. Do not take it. Under the proper circumstances, following your arrest, you may have been deemed to have impliedly consented to a breath test on an Intoxilyzer or similar machine. You may suffer driver license consequences if you blow, and register a certain level of alcohol, or even if you refuse. You may also suffer criminal consequences if you blow or refuse to blow. That being the case, you would have to receive specific advice from an attorney following consideration of the facts of the case for each particular client. I can't write about what to generally do here.
    Answer Applies to: Hawaii
    Replied: 6/7/2012
    Reza Athari & Associates, PLLC | Seth L. Reszko
    You have the right to request a breath test to be conducted. If you fail your breath test however, the police can impose the suspension of your license much more quickly than if you had a blood test and failed that test. If you are in need of counsel, we offer free consultations and walk-in appointments are welcome.
    Answer Applies to: Nevada
    Replied: 6/7/2012
    Vargas Law Office LLC | Ronnie Ismael Vargas
    You don't get to choose which test you take. This is at the discretion of the officer. Because you have a driver's license, it is implied that you will cooeprate with the authorities regarding the adminstration of these tests and failure to do so can lead to a DUI charge, a refusal charge as well as automatic suspension of your operating privledges.
    Answer Applies to: Wisconsin
    Replied: 6/7/2012
    Leonard A. Kaanta, P.C. | Leonard A. Kaanta
    Policeofficer can administer both tests, you do not have a choice.
    Answer Applies to: Michigan
    Replied: 6/7/2012
    Mark Thiessen, Attorney at Law
    Mark Thiessen, Attorney at Law | Mark Thiessen
    Sobriety is a way of life. Breathalyzer is a machine required by a judge or statute. If on probation sobriety is always expected and they may put the breathalyzer on your car or person to keep you sober.
    Answer Applies to: Texas
    Replied: 6/7/2012
    Law Office of Phillip Weiser
    Law Office of Phillip Weiser | Phillip L. Weiser
    You have no rights to choose, the law officer can request both and you can refuse both, however the only one that carries a consequence for refusal is the breath or blood test.
    Answer Applies to: Kansas
    Replied: 6/7/2012
    Connell-Savela
    Connell-Savela | Jason Savela
    In colorado, there is no requirement to take any tests prior to arrest once arrested (cuffed), you must choose between blood or breath or refusal
    Answer Applies to: Colorado
    Replied: 6/7/2012
    Law Office of Michael E. Dailey
    Law Office of Michael E. Dailey | Michael E. Dailey
    Sobriety is a condition, not a test. With reason to believe you may be driving under the influence, the officers can request you take two different chemical tests one of which may be a breathalyzer and the other may be urine or blood. A refusal to participate in both tests will result in the loss of your license and still permit evidence of the refusal in court to show knowing guilt. In seventeen states, it is now a chargeable offense to refuse the testing in addition to any other charges that may be filed. Missouri will probably join this group in the near future.
    Answer Applies to: Missouri
    Replied: 6/7/2012
    James M. Osak, P.C.
    James M. Osak, P.C. | James M. Osak
    Do you ACTUALLY think that the cops will give YOU a choice as to what evidence that will be used against you?
    Answer Applies to: Michigan
    Replied: 6/7/2012
    Bernstein & Bernstein, LLC | Lowell E Bernstein
    You are not required to take either, however, failure to take the datamaster test may result in loss of driver's license in certain circumstances.
    Answer Applies to: South Carolina
    Replied: 6/7/2012
    Myles Hahn III Attorney at Law | Myles Hahn III
    If you refuse a breathalyzer, you may have an automatic drivers license suspension. Discuss all details with an experienced attorney.
    Answer Applies to: Illinois
    Replied: 6/7/2012
    Mesiti Law | Benjamin Mesiti
    You are never required to take the Field Sobriety Test, and there is no penalty in Rhode Island for refusing it. The breathalyzer is not required, but there are severe penalties for refusing. Those penalties include a minimum 6 month loss of license and other conditions. The police will read you your rights at the station that will explain the penalties, prior to your consent or refusal.
    Answer Applies to: Rhode Island
    Replied: 6/7/2012
    Law Office of Eric Sterkenburg
    Law Office of Eric Sterkenburg | Eric Sterkenburg
    If the officer that stopped you has a reasonable suspicion that you are over the limit he can have you take a field breath test. The test that will be used to make a final determination of your BAC is administered after you have been arrested. At that time you may take breath, blood, or urine which ever you prefer.
    Answer Applies to: California
    Replied: 6/7/2012
    Law Office of Brendan M. Kelly
    Law Office of Brendan M. Kelly | Brendan M. Kelly
    A police can request you take a test of your blood, breath and urine. Cop gets to call which test he/she wants you to take. The tests to determine if you are sober(sobriety) are a breathalyzer, Blood test or urine.
    Answer Applies to: Nebraska
    Replied: 6/7/2012
    Law Office of Gregory Crain | Gregory Crain
    You don't have to take any tests.
    Answer Applies to: Arkansas
    Replied: 6/7/2012
    Thomas J. Tomko Attorney At law
    Thomas J. Tomko Attorney At law | Thomas J. Tomko
    It is not up to you what tests to take or that are administered. It is up to the police officer. You are not required to take any field sobriety tests. However, refusal can result in harsher treatment by the police. If you refuse a breathalyzer, you could face a refusal charge and/or license sanctions. A warrant may be sought for a blood sample.
    Answer Applies to: Michigan
    Replied: 6/7/2012
    Salladay Law Office | Lance Salladay
    There is only one test- the breathalyzer- I have no idea what you mean by a "sobriety test".
    Answer Applies to: Idaho
    Replied: 6/7/2012
    Clos, Russell & Wirth, P.C. | Gary A. Russell
    Under Michigan' implied consent law, by becoming a licensed driver you have agreed to submit to a blood alcohol test of the arresting officer's choosing, be it breath, blood or urine. The breathalyzer is the most common test used. Refusal to submit to the blood alcohol test selected by the officer upon arrest for drunk driving will result in the automatic suspension of your driver's license for one year. There is no requirement that you submit to field sobriety tests and no penalty for refusing to perform them. Of course, you could always offer to simply submit to the breathalyzer and skip the field sobriety tests.
    Answer Applies to: Michigan
    Replied: 6/7/2012
    Universal Law Group, Inc. | Francis John Cowhig
    I don't understand what you mean by "sobriety". If you mean field sobriety tests conducted by the police officer when you are stopped, the answer is no. Nor are you required to blow into a PAS unit at the scene of the stop. However, you must submit to either a breath test at a police station or a blood test at a hospital or clinic, if requested by the police. You must also provide them with your identification (driver's license) and proof of insurance.
    Answer Applies to: California
    Replied: 6/7/2012
    Alvin Lundgren | Alvin Lundgren
    If you choose sobriety you will not need to take a breathalyzer.
    Answer Applies to: Utah
    Replied: 6/7/2012
    Law Office of James A Schoenberger
    Law Office of James A Schoenberger | James A Schoenberger
    You are required to take such tests as the officer believes are necessary so long as he has probable cause (PC). If you pass the breathalyzer, he may loose PC, but if you are slurring your speech or have watery eyes, he may retain PC and require further tests such as the field sobriety tests.
    Answer Applies to: Washington
    Replied: 6/7/2012
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    I do not understand your question. Under Michigan law if you are under an implied consent law if you are driving.
    Answer Applies to: Michigan
    Replied: 6/7/2012
    Law Firm of Martin & Wallentine
    Law Firm of Martin & Wallentine | Jerry Lee Wallentine Jr.
    The fsts and the pbt is used to establish probable cause to arrest you. You can refuse, but that will automatically be used to establish probable cause. You could refuse the intoxilzer at the station, but the refusal will be known to the jury as well as lead to administrative legal complications. You can ask to also have a blood test in addition to the breath test, and they will likely tell you to go to a hospital to take a test.
    Answer Applies to: Kansas
    Replied: 6/7/2012
    Harden Law Offices
    Harden Law Offices | Leonard D. Harden
    You can say no thank you to either breath test or sobriety tests. There is no reason to provide evidence against yourself. If stopped you must provide license and registration.
    Answer Applies to: New Hampshire
    Replied: 6/7/2012
    Gutin and Wolverton
    Gutin and Wolverton | Harley Gutin
    If you fail the sobriety tests and or refuse the sobriety tests the officer will place you under arrest in most circumstances. Then the officer will ask you to take a breath test. You have the right to request a blood test after you take a breath test.
    Answer Applies to: Florida
    Replied: 6/7/2012
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    I am uncertain of your question. If you are asking whether you are required to participate in filed sobriety testing after being stopped, such as the walk and turn test or holding one foot in the air, the answer is "no" and you should politely decline. You are also not require to submit to the preliminary breath test conducted at the scene of the stop. This should not be confused with testing that occurs later after arrest. After arrest, you would be wise to submit to testing because a refusal to submit to testing after arrest ins a crime, often with greater consequences than a test failure.
    Answer Applies to: Minnesota
    Replied: 6/7/2012
    Klisz Law Office, PLLC
    Klisz Law Office, PLLC | Timothy J. Klisz
    You have no choice. Sobriety tests come first then the breath test.
    Answer Applies to: Michigan
    Replied: 6/7/2012
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    You are not required to complete FSTs, but you are required to submit to a breath or blood test at the station. Don't confuse this with the handheld breath test offered at the scene; this test, known as the PAS test, is optional and you should never take it.
    Answer Applies to: California
    Replied: 6/7/2012
    The Law Offices of Harold L. Wallin | Harold L. Wallin
    You can refuse tests that the officer requests, but you cannot choose which test to take. Also, there is a longer suspension for refusing a breath, blood or urine test (as compared to failing one, or none if you pass), plus your refusal can be used against you as evidence of your consciousness of guilt.
    Answer Applies to: Illinois
    Replied: 6/7/2012
    Arneson and Geffen
    Arneson and Geffen | Mark Arneson
    Always politely refuse any field sobriety tests. The officer can't force you to do them. You are not required to take the portable breath test but refusal can be grounds for arrest. Finally never refuse a test request at the police station.
    Answer Applies to: Minnesota
    Replied: 6/7/2012
    Palumbo and Kosofsky
    Palumbo and Kosofsky | Michael Palumbo
    You can refuse, but there are consequences.
    Answer Applies to: New York
    Replied: 6/7/2012
    William L. Welch, III Attorney | William L. Welch, III
    There are legal consequences for you and your license either way.
    Answer Applies to: Maryland
    Replied: 6/7/2012
    Law Office of Jared C. Winter
    Law Office of Jared C. Winter | Jared C. Winter
    There are two types of breath tests given. One you may legally refuse and the other you may not refuse. You may refuse to take the PAS test. The PAS test is the handheld breath test that officers use in the field. However, if you are placed under arrest for DUI, you may not refuse a chemical test. They give you a choice of a blood test or a breath test.
    Answer Applies to: California
    Replied: 6/7/2012
    Anthony Urie, PLLC
    Anthony Urie, PLLC | Anthony Urie
    You need not take the field sobriety test nor take the field portable breathalyzer test, you only are required to take the breathalyzer in the police station, only if you wish to retain your driving privileges.
    Answer Applies to: Washington
    Replied: 6/7/2012
    Darrell B. Reynolds, P.C. | Darrell B. Reynolds
    That is the police choice and not your choice.
    Answer Applies to: Georgia
    Replied: 6/7/2012
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    If you mean choosing between a breathalyzer blood alcohol test and the Field Sobriety [performance] Test, you are talking apples and oranges. You get to do the FST if the officer requests it. You can refuse to cooperate in the FST, and get yourself arrested, cuffed and jailed for contempt of cop and stupidity in addition to the DUI. Refusal will be used against you in court as evidence of poor thinking. You can request any one of the three blood alcohol tests breath, blood or urine. You can refuse any of the three blood alcohol tests, and get cuffed and jailed, as well as lose your license automatically for a year. Refusal will be used against you in court as evidence of poor thinking. I can help you fight the criminal charges and get the best outcome possible. When arrested or charged with any crime, the proper questions are, can any evidence obtained in a test, search or confession be used against you, can you be convicted, and what can you do? Raise all appropriate defenses with whatever witnesses, evidence and sympathies are available for legal arguments, for evidence suppression or other motions, or for trial. Effective plea-bargaining, using those defenses, could possibly reduce the potential time and other penalties you face. If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney who does, who will try to get a dismissal, charge reduction, diversion, program, or other decent outcome through plea bargain, or take it to trial if appropriate. A little free advice: When arrested for DUI, whether alcohol or drugs, then upon release from jail or booking the defendant is given documents that include a notice that you have only ten days to file a request with DMV for a hearing on an appeal of an automatic one year suspension of your license imposed by DMV. That is separate and runs consecutively with any suspension that may be imposed by the court. Contact DMV and do so, timely, then appear at your scheduled DMV appeal hearing and present any supporting evidence and testimony. If you don't know how to do these things effectively, then hire an attorney that does.
    Answer Applies to: California
    Replied: 6/7/2012
    Ryan Berman, Esq | Ryan Berman
    The police usually put you through the standard field sobriety tests before doing a PBT, to get more evidence against you and to use it for validation to ask you to do a PBT. You don't have to cooperate and do the field sobrieties. If you refuse to do them, there are no consequences. However, if you refuse a PBT in Michigan it's a civil infraction.
    Answer Applies to: Michigan
    Replied: 6/7/2012
    Timothy J. Thill P.C.
    Timothy J. Thill P.C. | Timothy J. Thill
    In Illinois, under the State Statute, you must take a chemical test or the breath test, if arrested for a DUI. If you refuse, you will automatically lose your license for a year, if a first time offender, much longer if you have refused a test within the past 5 years. You can refuse to submit to a sobriety test, such as walking the line, touching the tip of your nose, etc.
    Answer Applies to: Illinois
    Replied: 6/7/2012
    Steven Alpers | Steven Alpers
    I don't understand your question. You can request a blood test or urine. Both are aimed at determining if you are sober or not.
    Answer Applies to: California
    Replied: 6/7/2012
    Border Law Firm
    Border Law Firm | Teresa Lynn Border
    I assume you mean field sobriety tests (FST). If you choose not to do the FST, you will probably be taken in for a breathalyzer test. If you choose not to take a breathalyzer test, your license will be suspended for 1 year unless you have a legal challenge you can make.
    Answer Applies to: Washington
    Replied: 6/7/2012
    San Diego DUI Law Center
    San Diego DUI Law Center | Rick Mueller
    Field Sobriety Tests are optional. So are PAS hand-held breath test gadgets. You must take big breath test machine or blood.
    Answer Applies to: California
    Replied: 6/7/2012
    Freeborn Law Offices, P.S.
    Freeborn Law Offices, P.S. | Steve Freeborn
    The sobriety tests are optional. You do not have to submit to these tests. As far as the breathalyzer: you do have the right to refuse, HOWEVER, if you do so the fact that you refused can be used in a subsequent DUI trial. But more critical, if you refuse, the Department of Licensing will revoke your license for a minimum of 1 year... even if you were to be found "not guilty" of the DUI. DUI cases are very complex. There is a lot at stake. I strongly encourage you to retain the services of an attorney to assist you if you are so charged.
    Answer Applies to: Washington
    Replied: 6/7/2012
    Pearson, Butler, & Carson, PLLC
    Pearson, Butler, & Carson, PLLC | Matthew R. Kober
    You are required to take a chemical test under the implied consent rule. When you got your drivers license you agreed to that. You are not required to take the field sobriety test. However, if you don't, it is likely you will be arrested anyways. But if you do and then do bad or fail the tests, you're getting arrested anyways.
    Answer Applies to: Utah
    Replied: 6/7/2012
    Miller & Harrison, LLC
    Miller & Harrison, LLC | David Harrison
    Your question is unclear and I cannot answer it. In Colorado if arrested for a DUI you have the option of taking a blood or breath test. Or you can refuse to take either, which carries more serious driver's license consequences.
    Answer Applies to: Colorado
    Replied: 6/7/2012
    Bruce Plesser | Bruce Plesser
    You don't have to take the test but the Court will charge the jury that an adverse inference can be drawn from your refusal.
    Answer Applies to: Florida
    Replied: 6/7/2012
    Aaron Black Law
    Aaron Black Law | Aaron Black
    You should respectfully deny all tests and ask for a lawyer.
    Answer Applies to: Arizona
    Replied: 6/7/2012
    Gregory Casale Attorney at Law
    Gregory Casale Attorney at Law | Gregory Casale
    That doesn't even make sense. Sobriety is not drinking, You can always choose not to drink. Once pulled over you can refuse the breath test if you want but you will get your license suspended for choosing to refuse. If that is all the evidence they would have had, the lack of breath test evidence may allow a good lawyer to beat your OUI charges. Hire a lawyer.
    Answer Applies to: Massachusetts
    Replied: 6/7/2012
    Michael S. Edwards, Attorney at Law, PLLC | Mike Edwards
    No, because when you drive on the streets of this state, you give your implied consent to submit to any chemical test requested by the police officer. This can be either blood, breath or urine. Thus, you have a right to refuse field sobriety tests, but you do not have a right to refuse a chemical test to determine blood or breath alcohol levels, or the presence of drugs in your system.
    Answer Applies to: Utah
    Replied: 6/7/2012
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