Can I refuse to take a DUI test at the police station? 67 Answers as of June 13, 2011

Is it legal for an officer to force me to take a test after accused of driving under the influence? The police officer that pulled me over told me to take a couple of different tests. I thought that I was "innocent until proven guilty". Why was I forced to take these tests without representation?

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Law Office of Eric Sterkenburg
Law Office of Eric Sterkenburg | Eric Sterkenburg
In accepting your drivers license you promised to submit to a DUI.test.if asked by a police officer. This is legal because driving.is.a.privilege not a right.
Answer Applies to: California
Replied: 6/13/2011
Law Office of Phillip Weiser
Law Office of Phillip Weiser | Phillip L. Weiser
None of the tests usually requested bylaw enforcement officers in DUI cases are "mandatory". They cannot insist you submit to any of them. You retain the right to refuse any tests, but there may be consequences for refusal. You should consult with an experienced DUI attorney.
Answer Applies to: Kansas
Replied: 6/10/2011
Deal & Hooks, LLC
Deal & Hooks, LLC | Shawn P. Hooks
You cannot be compelled to take the test, but there are consequences for refusing to take the test. Specifically, there is an automatic license suspension and the refusal can be used to enhance a penalty if you have a prior conviction. The rationale is that you consent to being tested by driving on the public roads, and so far that rationale has held up in court.
Answer Applies to: Ohio
Replied: 6/10/2011
Harris Law Firm
Harris Law Firm | Jennifer C. Robins
In Oregon, field sobriety tests or a breath, blood or urine test, does not need to be done in the presence of counsel. The courts are concerned with dissipation of any intoxicant, so an attorney need not be present. You should be afforded an opportunity to speak with counsel prior to the breath test, but not prior to the field sobriety test. If you refuse any tests, the police are required to tell you that your refusal to do tests can be used against you in court. The interest of the government protecting the public has outweighed a subject's privacy interest in the possible results of field sobriety tests or chemical analysis tests. That is why the police may request them without providing counsel prior to the tests.
Answer Applies to: Oregon
Replied: 6/10/2011
LynchLaw
LynchLaw | Michael Thomas Lynch
You can refuse to submit to testing, however, if you refuse the DMV can suspend your license for a year.
Answer Applies to: California
Replied: 6/9/2011
    Bloom Legal, LLC
    Bloom Legal, LLC | Seth J. Bloom
    When arrested for DUI, it is important to remember the following: You are not required to answer any questions you are not comfortable answering and should avoid incriminating yourself at all costs. You do not have any legal obligation to submit to a field sobriety test and can refuse to do so. You do have a legal obligation to submit to a chemical breathalyzer test but their results can be very incriminating. You do have the option of refusing one of these tests but should understand that it will generally result in your automatic arrest and suspension of your driver's license. As soon as you have been arrested, you should hire an attorney at your first opportunity to begin work fighting your charges. If you are seeking legal representation in this matter in Louisiana, we invite you to contact our firm at the information on this page for a free case evaluation.
    Answer Applies to: Louisiana
    Replied: 6/9/2011
    Thomas J. Tomko Attorney At law
    Thomas J. Tomko Attorney At law | Thomas J. Tomko
    In Michigan, there is a statute called the Implied Consent Statute. It provides that a person who is licensed to drive and who drives on Michigan roadways is subject to take a requested breathalyzer test if there is reason to believe that they were drinking and driving. You can still refuse to take the test, however, you would be subject to loss of your license for a year, and a warrant for a blood test could be sought based on your refusal. I hope that this was helpful.
    Answer Applies to: Michigan
    Replied: 6/9/2011
    Law Office of Richard Williams
    Law Office of Richard Williams | Richard Williams
    Under the Alabama Implied Consent Law you are required to take a breath, urine or blood test when arrested on a DUI charge. You can refuse to take the test but if you do you are subject to having your driving privilege suspended for a refusal. You have no right to counsel before being asked to perform the test.
    Answer Applies to: Alabama
    Replied: 6/8/2011
    Jules N. Fiani, Attorney at Law
    Jules N. Fiani, Attorney at Law | Jules Fiani
    Because if you don't take the officer's test of choice, breath, blood, or urine test you could possibly lose your license for 12 months and have 6 points placed on your driving record. The penalty for refusing to take the roadside breath test is a civil infraction, 0 points and a monetary fine.
    Answer Applies to: Michigan
    Replied: 6/8/2011
    Lowenstein Law Office
    Lowenstein Law Office | Anthony Lowenstein
    You cannot be forced - but implied consent law implicates severe license loss consequences. For more information, please see my website.
    Answer Applies to: California
    Replied: 6/8/2011
    The Law Firm of Aaron Bortel Esq.
    The Law Firm of Aaron Bortel Esq. | Aaron Bortel
    Unless you are on DUI probation for a prior DUI conviction, you are not required to take the preliminary alcohol screening test which is usually offered on the side of the road after the field sobriety tests. The field sobriety tests are also optional. Once you have been placed under arrest, you are required to take a breath or blood test. This requirement is under implied consent, which you agreed to when you signed your name to obtain a drivers license. If you refuse that chemical test after arrest, you can lose your license for one year or more. If you lose it for one year or more, this is a hard suspension with no restricted or interlock license possible.
    Answer Applies to: California
    Replied: 6/8/2011
    Eric M. Mark, Attorney at Law
    Eric M. Mark, Attorney at Law | Eric Mark
    When you got your licenses you agreed to comply with an officer's request to perform field sobriety tests and chemical breath tests or be charged with refusing to do so.
    Answer Applies to: New Jersey
    Replied: 6/8/2011
    Palumbo and Kosofsky
    Palumbo and Kosofsky | Michael Palumbo
    Yes, and no. It's a very complex issue, one that turns on principals of administrative law as well as penal law. One that turns on DMV regulations as well as Penal and Vehicle and Traffic Law. Our office can give you a detailed analysis of the law in this area, but we must be retained to do so.
    Answer Applies to: New York
    Replied: 6/8/2011
    Howard W. Collins, Attorney at Law
    Howard W. Collins, Attorney at Law | Howard W. Collins
    In Oregon: Taking the intoxilizer is not required, but if you do not take it, you will get cited for refusal to take it as a violation or infraction. You will also lose your license.
    Answer Applies to: Oregon
    Replied: 6/8/2011
    Law Offices of Phil Hache
    Law Offices of Phil Hache | Phil Hache
    There is an implied consent in California, that basically means that if you are arrested for a DUI, then you consent to giving a breath or blood test. A refusal to do so can be added as an "enhancement" to the charges.
    Answer Applies to: California
    Replied: 6/8/2011
    Reeves Law Firm, P.C.
    Reeves Law Firm, P.C. | Roy L. Reeves
    No, the police cannot force you to take the Field Sobriety Test. They routinely threaten to arrest you if you don't comply with the request, but in my experience, once an officer elects to administer the FST you are going to be arrested, even if you pass because the test is graded by the officer who is conducting the test. They cannot hold you down or push you along, they may have threatened you verbally, and if so, discuss that with your lawyer, but they cannot legally "force" you to give breathe or perform FSTs. They can get a warrant and draw blood, but that is a relatively new law and being challenged on every front. So, given a choice, always refuse the FST and breathe test. It is better to appear in court as "uncooperative" than to appear in court on video giving evidence against yourself.
    Answer Applies to: Texas
    Replied: 6/8/2011
    Law Office of Andrew Subin
    Law Office of Andrew Subin | Andrew Subin
    Yes, but your license will be suspended for 1 year, and they can use the fact of refusal to argue to the jury that you refused because you knew you were drunk.
    Answer Applies to: Washington
    Replied: 6/8/2011
    Law Office of Jonathan T. Sarre
    Law Office of Jonathan T. Sarre | Jonathan T. Sarre
    I can't speak for all states, but in Oregon, where I practice, we have this legal concept called "Implied Consent." The idea behind "Implied Consent" is that when you drive on the roads of Oregon, you consent to taking a breath test if requested by the police. No one asks you to sign anything or anything like that, that's how the "implied" part works. The big meaning to all this is technically, you have no right to refuse to take a breath test in Oregon (you can refuse the field sobriety tests, but the police have to tell you that this refusal can be later used against you in court). The other part of this is, at the same time, the police can't hold you down and force you to take the test, so the way they coerce you to take the test is the DMV will suspend your license for a longer period if you refuse the test (generally one year for first-time offenders) than if you take the test and fail (usually 90 day suspension for blowing over .08). So. really you can refuse to take the breath test, but you lose your license for a longer period of time.
    Answer Applies to: Oregon
    Replied: 6/8/2011
    Anderson & Carnahan
    Anderson & Carnahan | Stephen Anderson
    You have the option of taking chemical tests pursuant to the expressed consent statute, however, your license may be subject to revocation for a refusal.
    Answer Applies to: Colorado
    Replied: 6/8/2011
    Law Office of Thomas F. Mueller
    Law Office of Thomas F. Mueller | Thomas Mueller
    The law requires the officer to give you a choice of Blood or Breath test. If you don't agree to either you lose your license. The officer does not have a right to force a test unless you are arrested for a Felony. However we find that officers frequently will threaten the use of force to persuade you to agree. These practices are questionable and a judge could rule the taking to be illegal.
    Answer Applies to: California
    Replied: 6/8/2011
    Harden Law Offices
    Harden Law Offices | Leonard D. Harden
    You can refuse any and all testing, there may be DMV consequences. In terms of post arrest testing law specifically prohibits its admission if procedure is not followed.
    Answer Applies to: New Hampshire
    Replied: 6/8/2011
    Law Office of Tracey S. Sang
    Law Office of Tracey S. Sang | Tracey Sang
    When you receive your California driver's license you agree to submit to a chemical test. You do not have to take the field sobriety tests or the PAS breathalyzer in the field. But you do have to submit to the chemical test once arrested. Based on that the state will decide whether to bring charges and then you are presumed innocent until proven guilty.
    Answer Applies to: California
    Replied: 6/8/2011
    Giannini Law Office, PC
    Giannini Law Office, PC | Robert Giannini
    Whether you can be forced to take a test depends on the state you live in. In most states if you refuse the test, you face an additional license suspension. A very few states allow blood to drawn from you by force. And, now there is a move afoot to make the very act of refusing to give up this evidence against yourself a crime. Americans have swallowed the lies and half-truths put out by a certain anti-DUI organization for so long that we barely even blink as our rights are chipped away. So, yes, in America the trend is now to allow the police to strap you down and jab needles into your body to take your blood just because your breath smelled like beer. And, even though you were under arrest your refusal to answer a question is going to be a crime unto itself (what happened to the age-old right to remain silent when under arrest? what happened to the right to have an attorney during questioning when under arrest?) Get a lawyer and fight for your rights. If you try to handle this alone your chances are limited, IMHO.
    Answer Applies to: Georgia
    Replied: 6/8/2011
    Austin Legal Services, PLC
    Austin Legal Services, PLC | Jared Austin
    Under Michigan's Implied Consent law, by accepting the privilege of having a driver's license, you are agreeing to consent to submit to a Data Master test when the police believe you are driving under the influence. Failure to do so will automatically result in a one-year suspension of your license and six points added to your license for a first refusal. "Innocent until proven guilty" is at trial. The police at this point are merely gathering evidence to charge you with a crime, not convict you of one. Retain an experienced DUI attorney to evaluate the police report and chemical test results. There may be glaring errors that can get the charges reduced or dismissed.
    Answer Applies to: Michigan
    Replied: 6/8/2011
    Edward  D. Dowling IV Attorney at Law
    Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
    Although you can technically refused to take tests, there are negative consequences for your failure to do so. Yes they still have to prove you guilty beyond a reasonable doubt and until they do you are considered innocent until proven guilty.
    Answer Applies to: New York
    Replied: 6/8/2011
    Law Office of Brendan M. Kelly
    Law Office of Brendan M. Kelly | Brendan M. Kelly
    You can always refuse, but then you face a one year lose of license and the real possibility of going to jail. You are never required to submit to field sobriety testing (they are truly voluntary) other then a portable breath test (if you refuse a PBT you get arrested).
    Answer Applies to: Nebraska
    Replied: 6/8/2011
    Timothy J. Thill P.C.
    Timothy J. Thill P.C. | Timothy J. Thill
    You had a right to refuse any testing by the officer. Also, you subjected yourself to the consequences of a refusal, which is a doubling of your statutory summary suspension of your license. Nobody held a gun to your head to force you to submit to the tests, I presume. To protect your interests, contact counsel and hire him to represent you in court, this is a very serious charge.
    Answer Applies to: Illinois
    Replied: 6/8/2011
    Davis & LaScola LTD
    Davis & LaScola LTD | Brandon Davis
    Under normal circumstances, you are not required to take field sobriety or breath tests during a DUI investigation. Although it is common for officers to try to persuade you to comply with their requests for submission to these tests, you do have the right to refuse. However, it must be noted that there may be license consequences for the refusal of the evidentiary breath tests taken at the station.
    Answer Applies to: Illinois
    Replied: 6/8/2011
    Miller & Harrison, LLC
    Miller & Harrison, LLC | David Harrison
    The expressed consent law requires the taking of a test or there can be lengthy driver license consequences.
    Answer Applies to: Colorado
    Replied: 6/8/2011
    Michael Anthony Wing, P.C.
    Michael Anthony Wing, P.C. | Michael Anthony Wing
    The Implied Consent law requires every driver to submit upon probable cause. It applies on the roadways, only, whereas, the DUI statute applies on and off road. You can refuse. There is a 90 day driving suspension penalty for refusing, but if you know you will blow over the legal limit, refuse and take the suspension. Stay well.
    Answer Applies to: Alabama
    Replied: 6/8/2011
    The Olsinski Law Firm, PLLC
    The Olsinski Law Firm, PLLC | Justin C. Olsinski
    There are a few different tests. The alcosensor on the street where you were stopped (usually) can be refused and just ask to take the test at the police station. The breathalyzer at the police station can be refused also, however North Carolina is an implied consent state, so if you refuse this test you will lose your license for a year. At that point even if you did refuse they could draw your blood to get your BAC. You are entitled to have representation or friends or family view the test at the police station, if you can get them to the station in a small 30 minute window.
    Answer Applies to: North Carolina
    Replied: 6/8/2011
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    You may refuse. However, under Minnesota law, a refusal will result in charges that are often more severe. A refusal to submit to testing is a gross misdemeanor punishable by up to 1 year in jail and a $3000 fine, whereas, an ordinary first offense DWI with a blood alcohol level below .20 is a misdemeanor punishable by a maximum of 90 days in jail and a $1000 fine. A refusal to test also increases the revocation of your license from 90 days to one year. Presently, there are a number of legal challenges underway in the Courts of Appeals that argue a warrant should be required before testing may occur. Presently, that is NOT required. Under Minnesota law, an officer must read an Implied Consent Advisory prior to submitting to testing. This informs the accused of their right to call legal counsel before submitting to a test.
    Answer Applies to: Minnesota
    Replied: 6/8/2011
    LT Pepper Law
    LT Pepper Law | Luke T. Pepper
    You are required to take these tests under state law or you lose your license.
    Answer Applies to: Pennsylvania
    Replied: 6/8/2011
    Law Office of Michael Moody
    Law Office of Michael Moody | Michael Moody
    The U.S. Supreme Court has held for nearly one hundred years that because driving is not a right, but a privilege conferred by your state, that the states may condition your privilege to drive. When anyone gets a Georgia driver's license, the law says that you implicitly consent to take a chemical test of your breath, blood, urine or other bodily substance, 1. If the officer had a legal basis to stop you in the first place (like a traffic violation) 2. If the officer had probable cause to believe that your were driving under the influence of alcohol or drugs 3. If the officer reads the Implied Consent Warning stating that Georgia law requires you submit to a state-administered test or else your license will be suspended one year.
    Answer Applies to: Georgia
    Replied: 6/8/2011
    Healan Law Offices
    Healan Law Offices | William D. Healan, III
    In Georgia, you can refuse to take a field sobriety test and can also refuse to take a breath test. You don't however, have a right to an attorney at the time that you either take the tests or refuse. Whether or not the officer's actions in your case were legal depends on the very specific facts of the case.
    Answer Applies to: Georgia
    Replied: 6/8/2011
    Attorneys of Michigan, PLLC
    Attorneys of Michigan, PLLC | Daniel Hajji
    In Michigan, refusing a PBT at the scene is a civil infraction with a small fine. However, refusing the breath test at the police station/jail, violates the Michigan implied consent law and will result in suspension of your driver's license for 1 year and 6 points added on your driving record. Consult with a good DUI/Criminal Defense Attorney for more information.
    Answer Applies to: Michigan
    Replied: 6/8/2011
    West law Office
    West law Office | Russell West
    You can refuse to take the breathalyzer test however you will automatically lose your license. Depending on the state is it generally either 6 months or 1 year. Most states are 1 year. In the state of Washington field sobriety tests are voluntary. A field breathalyzer test is also voluntary. However if taken into jail then you must submit to a breathalyzer or you will lose your license.
    Answer Applies to: Washington
    Replied: 6/8/2011
    The Law Firm of David Jolly
    The Law Firm of David Jolly | David Jolly
    A chemical test, such as a BAC (breath test) or blood test, is optional. You do have a right to refuse and should have been advised of this option in the implied consent warnings. If you do refuse you would likely receive a greater license suspension, but importantly you do have the right to refuse. There are limited circumstances when the officer may take your blood without your permission, but these circumstances are rare (ie. You're unconscious). If you have any questions regarding this issues or others, or wish to discuss how to avoid a DUI conviction please contact my office or check out my website.
    Answer Applies to: Washington
    Replied: 6/8/2011
    Sharifi & Baron
    Sharifi & Baron | S. Yossof Sharifi
    You're not technically entitled to have an attorney present during the breath test phase of a DUI and you may refuse, but refusing carries consequences as well. Most notably, a much longer driver license suspension. They may also try and obtain a warrant to draw your blood. Your best bet is to hire a good DUI lawyer now and take care of it that way.
    Answer Applies to: Utah
    Replied: 6/8/2011
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    Field sobriety tests are optional, but you are required to take a blood or breath test at the station or hospital. But you can refuse the hand held breathalyzer PAS test at the scene.
    Answer Applies to: California
    Replied: 6/8/2011
    Kelly A. Broadbent, Esq.
    Kelly A. Broadbent, Esq. | Kelly Broadbent
    In Massachusetts, you can refuse to take the field sobriety and breathalyzer tests, however, if you do so, the officer may immediately arrest you and you receive a license suspension for breath test refusal.
    Answer Applies to: Massachusetts
    Replied: 6/7/2011
    Michael Breczinski
    Michael Breczinski | Michael Breczinski
    In all states they have the doctrine of implied consent. What this means is if you drive you consent to the tests, if when the police asked you they had probable cause to believe you were driving under the influence. If you refuse your license can be suspended for 1 year, longer than if you had taken the test (Assuming it is your first time).
    Answer Applies to: Michigan
    Replied: 6/8/2011
    Law Offices of Marshall Tauber
    Law Offices of Marshall Tauber | Marshall Tauber
    In all states your license to drive is conditional. By accepting a drivers license you give the states your consent to administer certain tests to you if you are stopped under suspicion of driving while intoxicated this is called implied consent & it allows the administration of various tests all done before you are officially arrested. The tests given once arrested are also part of your driving privileges and typically at that point you are allowed to refuse them but then you will be subjected to other licensing penalties all permissible under the law if proper procedure is followed.
    Answer Applies to: Michigan
    Replied: 6/8/2011
    Frances R. Johnson
    Frances R. Johnson | Frances R. Johnson
    This varies by state and depends upon the specific facts of your situation. You don't say whether the officer told you whether you could refuse, the penalties (often automatic license suspension) and other things. You should consult an attorney who specializes in DUI law for your state.
    Answer Applies to: Colorado
    Replied: 6/7/2011
    The Law Offices of Robert L. Driessen
    The Law Offices of Robert L. Driessen | Robert L. Driessen
    You are required to submit to a chemical test after you are arrested by a police officer. You have the option to take either a blood or breath test. Failure to take the test can result in jail time and an automatic 1 year suspension of your CDL.
    Answer Applies to: California
    Replied: 6/7/2011
    Nichols Law Firm
    Nichols Law Firm | Michael J. Nichols
    You may refuse. Depending on which test, there may be consequences.
    Answer Applies to: Michigan
    Replied: 6/7/2011
    Craig W. Elhart, P.C.
    Craig W. Elhart, P.C. | Craig Elhart
    Under Michigan law, when you obtain a driver's license, you give your consent (implied consent) to take a breath test upon being accused of OWI. You can refuse the test but there are penalties including licensing sanction for doing so. In most jurisdictions, upon refusal, the officer will secure a search warrant to draw your blood at the local hospital for testing.
    Answer Applies to: Michigan
    Replied: 6/8/2011
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    Your summary says you were told by the officer to take several types of tests. You ask if it is legal for the police to "force you to take the tests". You can refuse to take the breath test at the police station, but you will lose your license for 6 months and pay a $750 civil penalty. You can refuse the roadside "alco-sensor" portable breath test, but then you will be arrested and asked...not forced to take a breath test. You will be given your DWI refusal warnings and if not your license must be returned at a hearing within a few weeks if the Administrative Judge believes that you were not given the warnings or if the officer does not show up at the hearing. You will also be asked to do three or more "field sobriety tests" which you can refuse, but then you will also be arrested and asked to take a breath test. You should take the tests unless you are extremely intoxicated or have been in an accident, especially if someone was injured. You should refuse the breath test if you have a prior felony DWI or there was a injury accident or have had more than 8 drinks within 4 hours.
    Answer Applies to: New York
    Replied: 6/7/2011
    The Law Office of Kevin O'Grady
    The Law Office of Kevin O'Grady | Kevin O'Grady
    Taking tests for a DUI case is somewhat complicated. There are physical tests and there is a chemical test. There are criminal and driving license implications for both. The manner in which the officer stopped you, questioned you, explained things to you and what you did are all very important and hot the tests you took affect you are all based on those, and many other variables. Once you have been arrested for a DUI you should hire a DUI attorney in order to use whatever the facts are of your case, to your advantage.
    Answer Applies to: Hawaii
    Replied: 6/8/2011
    Law Office of James Christie, LLC
    Law Office of James Christie, LLC | James Christie
    Sure you can refuse. But refusal to submit to a breath test is a separate crime in most jurisdictions, and often carries the same penalties as DUI. In most jurisdictions, you can refuse to perform field sobriety tests, but if you refuse the breathalyzer/datamaster, you will be charged with refusal. In most jurisdictions, you sign a form when you are issued your Driver's license that provides your consent in advance to submit to a test of your blood or breath for the presence of alcohol. You essentially give up your right to refuse the breath test in exchange for the privilege of driving. The "presumption of innocence" addresses the constitutional requirement that your guilt be proven beyond a reasonable doubt to a jury of your peers. The jury must presume you to be innocent of wrongdoing until an unless the prosecutor convinces them otherwise. The presumption has no bearing on whether the police can arrest you, nor does it impact the prosecuting authority's decision whether to charge you with a crime.
    Answer Applies to: Alaska
    Replied: 6/7/2011
    Law Offices of Matthew Murillo
    Law Offices of Matthew Murillo | Matthew Murillo
    In California, you can refuse to submit to any Field Sobriety Tests. However, once arrested, you must submit to a chemical - whether it is a blood test or breath test. This is what's known as "implied consent". Basically, when you get your license, you consent to take a chemical test if arrested for DUI, as a condition of getting your license.
    Answer Applies to: California
    Replied: 6/7/2011
    The English Law Firm
    The English Law Firm | Robert English
    In California, you are required to take the "implied consent test." This is an alcohol test done at the station and your acceptance of your driver's license requires you to take this test or face a license suspension for a year. So, you are not required to take it, but you will have your license suspended if you refuse. You do not have the right to an attorney for this test.
    Answer Applies to: California
    Replied: 6/7/2011
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    You'll automatically lose your license for a year for refusal. Your refusal will be commented on by the DA to show how stupid and impaired you were behaving. If you were in an accident, they can forcibly take blood. When arrested or charged with any crime, the proper questions are, can any evidence obtained in a search or confession be used against you, and can you be convicted, and what can you do? Raise all possible defenses with whatever admissible and credible witnesses, evidence and facts are available for legal arguments, for evidence suppression or other motions, or at trial. Effective plea-bargaining, using those defenses, could possibly keep you out of jail, or at least dramatically reduce it. Not exactly a do it yourself project in court for someone who does not know how to effectively represent himself against a professional prosecutor intending to convict and jail you. If you don't know how to do these things effectively, then hire an attorney that does, who will try to get a dismissal, diversion, reduction or other decent outcome through plea bargain, or take it to trial if appropriate. If serious about hiring counsel to help you in this, and if this is in SoCal courts, feel free to contact me. Ill be happy to help use whatever defenses there may be. Keep in mind a little free advice: When you are arrested for DUI, whether alcohol or drugs, then upon release from jail or booking you were given documents that included 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 hearing and present any supporting evidence and testimony. If you don't know how to do these things, then hire an attorney that does. If serious about hiring counsel to help you in this, and if this is in SoCal courts, feel free to contact me.
    Answer Applies to: California
    Replied: 6/7/2011
    The Law Offices of Victor J Mazzaraco
    The Law Offices of Victor J Mazzaraco | Victor J Mazzaraco
    No you weren't. Refusing is a 1 year suspension regardless of if you are stone cold sober. No right violated here - sorry.
    Answer Applies to: California
    Replied: 6/7/2011
    Fitzpatrick, Mariano, & Santos, PC
    Fitzpatrick, Mariano, & Santos, PC | Raymond J. Savoy
    A police officer cannot force you to take any test. It is your right to refuse any testing.
    Answer Applies to: Connecticut
    Replied: 6/7/2011
    Mercado & Hartung
    Mercado & Hartung | Stephanie Hartung
    In Washington State we have what is known as Implied Consent Law. When we get our driver's licenses we implicitly consent to testing of our breath when a police officer has a legitimate reason to be believe we are under the influence. Upon arrest the officer is required to review the Implied Consent Warnings with you. Those Warnings inform you that you have the right to refuse the breath test, however, if you refuse that test the Department of Licensing will suspend your license for 1 year and you will still be charged with DUI in the court. There are a lot of issues concerning DUI defense. It is important you seek counsel to assist you. Please feel free to give me a call (free of charge) for more information.
    Answer Applies to: Washington
    Replied: 6/7/2011
    Law Office of Michael Morgan, l.L.C.
    Law Office of Michael Morgan, l.L.C. | Michael Morgan
    It is considered a privilege and not a right to drive so while you can legally refuse to take a drug test there can be consequences for the refusal and these types of 5th Amendment arguments have been addressed by Washington courts in favor of the prosecution.
    Answer Applies to: Washington
    Replied: 6/7/2011
    Law Office of Rankin Johnson IV, LLC
    Law Office of Rankin Johnson IV, LLC | Rankin Johnson IV
    You can't really be forced to take field sobriety tests, and I don't know what you mean when you say the police 'forced' you. The police are good at persuading people that they have to do things, even if they don't really have to. If you decline to take the tests, a jury can be told that you wouldn't. If you don't take a breath test when the police have probable cause that you were driving under the influence, then your license will be suspended and the jury will be told about it. You can ask to speak with counsel before taking a breath test, but you aren't entitled to appointed counsel before taking the test, so you have to already have an attorney on retainer or or try to call an attorney when you get arrested, which rarely works.
    Answer Applies to: Oregon
    Replied: 6/7/2011
    Moffitt & Phillips, PLLC
    Moffitt & Phillips, PLLC | Brandon Moffitt
    Implied consent law. If you have drivers license, you have agreed to consent.
    Answer Applies to: Arkansas
    Replied: 6/7/2011
    San Diego DUI Law Center
    San Diego DUI Law Center | Rick Mueller
    If in California, you must submit. You cannot say no. The penalties are too steep for refusal to submit to chemical testing agreed to when you got your license (implied consent). They can even do a forced blood draw after you refuse and use that against you. Be careful.
    Answer Applies to: California
    Replied: 6/7/2011
    Law Office of Joe Dane
    Law Office of Joe Dane | Joe Dane
    California has an "implied consent" law. By getting a driver's license in California, you agreed to consent to a chemical test if you are arrested for DUI. If you refuse, that refusal can increase the punishment on your underlying case, lead to a longer suspension and the police can still force blood from you after you've clearly refused. Whether or not it was a "valid" refusal... that is for your attorney to review, based on all the facts.
    Answer Applies to: California
    Replied: 6/7/2011
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