Do I automatically refuse any sobriety test upon being pulled over? 79 Answers as of July 08, 2013

If if the police asked me to stop, should I refuse any test to prevent any legal complications?

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The Short Law Group, P.C.
The Short Law Group, P.C. | Shawn Kollie
You can assert your Fifth Amendment Constitutional right against self-incrimination at any time. This includes questions or Standardized Field Sobriety Tests, or any type of questioning, however the fact that you refuse SFSTs can be used against you later. Talk with a DUI Lawyer in your area as to how a refusing to answer questions may help bolster your case, or provide some beneficial aspects to your case if it goes to trial.
Answer Applies to: Oregon
Replied: 8/3/2012
The Law Office of Kevin O'Grady
The Law Office of Kevin O'Grady | Kevin O'Grady
When being pulled over for DUI in Hawaii, the officer may "offer" you field sobriety tests. Some of the so-called standardized ones include the HGN (eye) test, the walk and turn and the one leg stand. Non-standardized include finger to nose, the alphabet recitation etc. Do NOT TAKE ANY of these! You are under no obligation to take ANY of them. He may "offer" you a PAS/PBT, preliminary alcohol screen; this is the small handheld breath test device in the field. DO NOT Take this either! Now, an officer might still arrest you after you refuse all these, but you have just made his case a lot more difficult for him. In fact, taking these tests will not help you, so don't take them. A breathalyzer test, done at the station, is different for each case and I can't advise you unless I am present. There are consequences to taking the test AND refusing the test.
Answer Applies to: Hawaii
Replied: 7/30/2012
Law Office of Phillip Weiser
Law Office of Phillip Weiser | Phillip L. Weiser
You always have a right to refuse any or all sobriety tests, however there can be penalties for refusing from a fine up to possible new criminal charges and jail time. You should discuss this sensitive issue with an attorney for details.
Answer Applies to: Kansas
Replied: 7/27/2012
Salladay Law Office | Lance Salladay
Refusing to take a test will not prevent legal complications. It will prevent the police form obtaining some evidence that could be used to either convict or exonerate you, and it will result in an automatic suspension of your driving privileges- so there is a consequence for refusing the test. However if you are or you believe you might be under the influence, refusing the test may be to your advantage by eliminating a piece of evidence- if you are convicted of DUI you will also lose your driving privileges.
Answer Applies to: Idaho
Replied: 7/27/2012
Law Office of Charles M. Vacca Jr. | Charles Martin Vacca Jr.
This is a tough question as a "refusal" results in yet another violation of a traffic law in Rhode Island. The safe answer is if you have any prior violation(s) of DWI, you should refuse a sobriety test as any further violations or convictions may result in further suspension of your driver's license and possible incarceration.
Answer Applies to: Rhode Island
Replied: 7/27/2012
    Mark Thiessen, Attorney at Law
    Mark Thiessen, Attorney at Law | Mark Thiessen
    Yes. Tell them that you don't trust the tests and haven't done anything wrong.
    Answer Applies to: Texas
    Replied: 7/8/2013
    Barbara Fontaine, Esquire | Barbara Fontaine
    If you are absolutely sure that you are sober ( have had nothing to drink or possibly ONE SMALL drink ) then take the test- if you are sure you will pass it. Otherwise, you may refuse if you may not be able to pass the sobriety test. Realize that refusal in RI means loss of license.
    Answer Applies to: Rhode Island
    Replied: 7/26/2012
    THE LOCKHART LAW FIRM | CLAYTON LOCKHART
    There are some attorneys who are of the mindset that you should refuse to take any tests. I don't say you should automatically refuse to take the test. There are consequences involved whether you take the test or refuse. If you refuse to take the test, your license will be suspended for 90 days, and you will still have to go to trial where if you're convicted, then you get a second suspension until you've completed the terms and conditions of your sentencing.
    Answer Applies to: Mississippi
    Replied: 7/26/2012
    Law Office of James A Schoenberger
    Law Office of James A Schoenberger | James A Schoenberger
    Perhaps, but you will have your license suspended for a refusal. I guess it depends on how much you have had to drink and if you feel you can pass the field sobriety tests.
    Answer Applies to: Washington
    Replied: 7/26/2012
    Law Office of Jared Altman
    Law Office of Jared Altman | Jared Altman
    You could. But then you might lose some or all driving privileges for a year.
    Answer Applies to: New York
    Replied: 7/26/2012
    Michael Breczinski
    Michael Breczinski | Michael Breczinski
    If you automatically refuse testing then you will get a legal complication of having your license suspended for refusing. Best policy DO NOT DRINK ANS DRIVE.
    Answer Applies to: Michigan
    Replied: 7/26/2012
    Klisz Law Office, PLLC
    Klisz Law Office, PLLC | Timothy J. Klisz
    Horrible idea. Refusing the station test results in a one year suspension of your license. Never worth it.
    Answer Applies to: Michigan
    Replied: 7/26/2012
    Dennis Roberts, a P.C.
    Dennis Roberts, a P.C. | Dennis Roberts
    A refusal will only add to your legal complications. Do NOT refuse a test. Stay with breath as it is easier to contest than Blood or urine.
    Answer Applies to: California
    Replied: 7/26/2012
    Law office of Robert D. Scott | Robert Scott
    You havee the right to refuse any test that you believe is unfair and not warranted. However, you refusal may have implications on your driving privilege with MVA.
    Answer Applies to: Maryland
    Replied: 7/26/2012
    Austin Hirschhorn, P.C.
    Austin Hirschhorn, P.C. | Austin Hirschhorn
    Refusal to take a preliminary breath test is a civil infraction that will subject the driver to a fine, 2 points on their driving record and an automatic 1 year suspension for the refusal. Depending on whether there is a drinking offense ticket issued and how it is disposed of will affect the driver's ability to get a restricted license from the court. The legal complications exist because of the implied consent law which subjects a driver who drives erratically to being stopped and possibly arrested by the police. All driving tickets are reported to the secretary of state as well as their disposition.
    Answer Applies to: Michigan
    Replied: 7/26/2012
    Anderson Law Office
    Anderson Law Office | Scott L. Anderson
    No, refusal to test is a crime and it is a gross misdemeanor offense.
    Answer Applies to: Minnesota
    Replied: 7/26/2012
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    Refusing field sobriety tests does not prevent legal complications. If the officer has a basis to believe you are driving impaired, you will be arrested. However, you may, and often should, decline to take field sobriety tests.
    Answer Applies to: Minnesota
    Replied: 7/26/2012
    Law Office of George M. Derieg
    Law Office of George M. Derieg | George Derieg
    You may refuse any field sobriety test in California, however you must submit to a chemical test. That is giving a blood, breath or urine sample. I prefer my clients giving blood, so I am able to send the sample to be re-tested if need be.
    Answer Applies to: California
    Replied: 7/25/2012
    Conway Law Pllc.
    Conway Law Pllc. | B. L. Conway
    No, if you have not been drinking don't refuse. Refusal is a separate offense in Va. and must be reasonable.
    Answer Applies to: Virginia
    Replied: 7/25/2012
    Universal Law Group, Inc. | Francis John Cowhig
    You cannot refuse to take a breath or blood test. Any refusal of these tests will result in additional criminal consequences.
    Answer Applies to: California
    Replied: 7/25/2012
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    Absolutely. FSTs are voluntary and you should never do them. They are designed for anyone who takes themt o fail.
    Answer Applies to: California
    Replied: 7/25/2012
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    You have an absolute right to refuse to cooperate other that to provide you name and ID. Doing so creates plenty of legal complications for you. If you refuse the blood alcohol test, you will automatically lose your license for one year. If you refuse the field sobriety tests, it is a sure bet you will be in contempt of cop and arrested for DUI based upon on your observed driving, and your inebriated and belligerent condition, all of which will be thoroughly documented in the police reports. A little free advice, other than the above: 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 the automatic suspension of your license imposed by DMV. That is separate and runs consecutively with any suspension that may be imposed by the DMV, or the court upon conviction. Contact DMV and do so, timely, then appear at your scheduled DMV appeal hearing and present any supporting evidence and testimony. If you do not win the appeal, you can still apply later for a restricted license for to/from work and school, etc., after serving at least of the full suspension period. If you don't know how to do these things effectively, then hire an attorney that does. 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. 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.
    Answer Applies to: California
    Replied: 7/25/2012
    Law Office of Rankin Johnson IV, LLC
    Law Office of Rankin Johnson IV, LLC | Rankin Johnson IV
    That's a hard question, especially in the abstract. If you refuse to talk or engage with the officer at all, the officer will be annoyed and is much more likely to write you a ticket. But answering questions lets the officer hear your speech, maybe smell your breath, and the officer may claim that your responses are evasive or untrue. With that said, I would personally never take field sobriety tests and I would decline to answer most questions. It helps if you have talked to a lawyer and you can say "Officer, my lawyer insists I not answer any questions. I know that's kind of a hassle, and I'm glad to call him/her right now and maybe he/she can talk to you."
    Answer Applies to: Oregon
    Replied: 7/25/2012
    Halperin Law Offices | Ivan Halperin
    You're only required to submit to a blood or breath test-your choice. If you refuse any test when your stopped you'll be taken in and if you refuse to submit to either the blood or breath test, your license is gone. Refusing a test does not avoid "legal complications".
    Answer Applies to: California
    Replied: 7/25/2012
    William L. Welch, III Attorney | William L. Welch, III
    There are consequences for refusing the test, which are a condition of privilege to drive in Maryland. Whether the refusal consequences or the consequences of the test results are worse depends on the specific case and the defendant.
    Answer Applies to: Maryland
    Replied: 7/25/2012
    Gary Moore, Attorney at Law
    Gary Moore, Attorney at Law | Gary Moore
    You should fully cooperate and focus on doing the field sobriety test as well as you can. Better yet, do not drivie after drinking alcohol or using drugs, illicit or legal.
    Answer Applies to: New Jersey
    Replied: 7/25/2012
    Law & Mediation Office of Jeffrey L. Pollock, Esq.
    Law & Mediation Office of Jeffrey L. Pollock, Esq. | Jeffrey Lawrence Pollock
    No. You automatically comply with the police.
    Answer Applies to: Pennsylvania
    Replied: 7/25/2012
    Myles Hahn III Attorney at Law | Myles Hahn III
    If the officer asks for a breath or blood test, and you refuse to submit, then you will normally get an automatic license suspension. There are ways to later challenge the officer's action(s). You need a qualified DUI attorney to fully advise.
    Answer Applies to: Illinois
    Replied: 7/25/2012
    Law Office of Richard Williams
    Law Office of Richard Williams | Richard Williams
    You can refuse all test you will almost certainly be convicted.
    Answer Applies to: Alabama
    Replied: 7/25/2012
    Douglas M. Philpott, P.C. | Peter J. Philpott
    Refusing testing can result in losing your license for a year.
    Answer Applies to: Michigan
    Replied: 7/25/2012
    Lawrence Lewis
    Lawrence Lewis | Lawrence Lewis, PC
    You can refuse all of the tests. What will happen is the police officer will use his observations, without the tests to determine if you are DUI. Your license will be suspended for 12 months when you refuse.
    Answer Applies to: Georgia
    Replied: 7/25/2012
    Law Offices of Mark L. Smith
    Law Offices of Mark L. Smith | Mark L. Smith
    This is a difficult question to answer. If anyone is dead or seriously injured take no tests. If you refuse the tests you can be charged with both DWI and refusal. The refusal carries a 6 month loss of license and the DWI carries a 3 month loss of license, provided it is your first offense.
    Answer Applies to: Rhode Island
    Replied: 7/25/2012
    Freeborn Law Offices, P.S.
    Freeborn Law Offices, P.S. | Steve Freeborn
    The field sobriety test are optional. But if you refuse the test, the police officer may still arrest you because you had to have done something (erratic driving) to have caught his attention. Upon the stop, he probably detected the "odor of alcohol". I generally tell my clients not to do the field sobriety test as they are, for the most part, subjective. The one test you have to be aware of is the breath test. You do not have to submit to this test, HOWEVER, if you refuse the breath test, the Department of Licensing WILL REVOKE your license for a MINIMUM OF ONE YEAR. This is the case even if you were found "not guilty" of the DUI. I generally tell my clients to submit to the breath test and that is all.
    Answer Applies to: Washington
    Replied: 7/25/2012
    Reeves Law Firm, P.C.
    Reeves Law Firm, P.C. | Roy L. Reeves
    It depends on so many factors, but the short answer is that if you do refuse, you will be arrested. However, if you refuse, they have no evidence. You do the math.
    Answer Applies to: Texas
    Replied: 7/25/2012
    Steven Alpers | Steven Alpers
    No the dmv will suspend your license for 1 year and the DA will be able to say at trial "He would not have refused the test if he was sober. That shows he knew he was not under the legal llimit."
    Answer Applies to: California
    Replied: 7/25/2012
    Glass Defense Firm
    Glass Defense Firm | Jason M. Glass
    I recommend that you do not take any roadside sobriety tests. They are very subjective tests and not a reliable indicator of intoxication.
    Answer Applies to: West Virginia
    Replied: 7/25/2012
    The Law Office of Lynn Norton-Ramirez
    The Law Office of Lynn Norton-Ramirez | Lynn Norton-Ramirez
    There is an Implied Consent law which states that if pulled over, you agree to submit to a chemical test. If you refuse, your driving privilege will be revoked for at least 1 year. Refusing has much more severe license ramifications.
    Answer Applies to: North Carolina
    Replied: 7/25/2012
    Law Office of Bernal Peter Ojeda | Bernal Peter Ojeda
    No. A refusal will result in a mandated 1 year suspension of your license. Also it will enhance the sentence on the DUI.
    Answer Applies to: California
    Replied: 7/24/2012
    Law Office of Brian K. Wanerman
    Law Office of Brian K. Wanerman | Brian K. Wanerman
    If you refuse the test and get arrested, you must submit to a blood test. There are advantages and disadvantages to either strategy. Consult an attorney.
    Answer Applies to: California
    Replied: 7/24/2012
    Law Office of James J. Rosenberger | James Joseph Rosenberger
    If you're a licensed driver you will face serious effects on your driving privilege if you refuse the breath test. You do not face those obstacles if you refuse other information, i.e. field sobriety tests, portable breath test among others. Also, make no admissions of any kind.
    Answer Applies to: Washington
    Replied: 7/24/2012
    Law Office of Ronald G. Draper | Ronald G. Draper
    Thats correct. Always refuse all test!
    Answer Applies to: Illinois
    Replied: 7/24/2012
    Darrell B. Reynolds, P.C. | Darrell B. Reynolds
    You do have the right to refuse any testing.
    Answer Applies to: Georgia
    Replied: 7/24/2012
    Law Office of Gregory Crain | Gregory Crain
    Depends on whether you have been drinking or not.
    Answer Applies to: Arkansas
    Replied: 7/24/2012
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    If you have prior DWI convictions, had more than 7 drinks, or were in an accident you should refuse the breathalyzer and field sobriety tests. Ask to speak to a lawyer before you answer any questions. Do not admit to driving, drinking, or answer where you were coming from. If you are foolish enough to drive drunk at least be smart enough to have 5 lawyers cell phone numbers in your wallet, $1,000 for bail, and clean underwear in case you get into an accident. Just remember, it is always cheaper, smarter, and safer to take a taxi or call Designated Driver, they will drive you home in your car for a fee.
    Answer Applies to: New York
    Replied: 7/24/2012
    Christensen Corbett & Pankratz
    Christensen Corbett & Pankratz | Craig L. Pankratz
    You have the right to refuse, but the refusal has significant consequences. First, your license will be suspended. Second, the officer can obtain a warrant to draw your blood. The best practice is don't drink and drive.
    Answer Applies to: Utah
    Replied: 7/24/2012
    Kevin Bessant
    Kevin Bessant | Kevin Bessant
    If the police pull you over for a traffic stop upon a suspicion of DUI, my advice is to comply with the officers orders. These will usually include you submitting to a Preliminary Breath Test (PBT), a filed sobriety test, and a Data Master Chemical Breathe Test if you are arrested for DUI and taken to jail. I say comply with the orders because often times a refusal to comply with the PBT Test and Chemical Test can have civil repercussions and a suspension of your drivers license. Refusing the sobriety test will result in the officer noted that you failed to comply and will often lead to an immediate arrest for DUI.
    Answer Applies to: Michigan
    Replied: 7/24/2012
    Pietryga Law Office | Russ Pietryga
    In my opinion, there is never a reason to do field sobriety tests. They are: Horizontal gaze nystagmus; walk and turn; and one-leg-stand. The reason being, that you start with a perfect score and you only get points for what you do incorrectly. In my opinion, they are a set-up. That said, once you have been arrested you might as well do the breath/blood alcohol test. The reason being, that they will just get a warrant for a blood-draw anyway. Hope this helps.
    Answer Applies to: Utah
    Replied: 7/24/2012
    Michael S. Edwards, Attorney at Law, PLLC | Mike Edwards
    I recommend that you refuse the field sobriety tests, but that you not refuse the breath, blood or urine test they request. Our implied consent law requires that you submit to these chemical tests. It does not require you to submit to the field sobriety tests. Good luck!
    Answer Applies to: Utah
    Replied: 7/24/2012
    Michael E. Jones, P.S. | Michael E. Jones
    I virtually always recommend declining any and all testing at the scene of a DUI stop. I also suggest that you request your right to speak with an attorney before answering any questions beyond basic license, registration and insurance documents. If transported to a police facility, you should insist upon speaking with your attorney or a public defender before deciding whether to submitting to official testing on the DataMaster device.
    Answer Applies to: Washington
    Replied: 7/24/2012
    Leonard A. Kaanta, P.C. | Leonard A. Kaanta
    Michigan has an implied consent rule, if you refuse to take a breath test, your license will be suspended.
    Answer Applies to: Michigan
    Replied: 7/24/2012
    The Law Office of Harry E. Hudson, Jr.
    The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
    You agreed to take such a test when you were given your license. It is called implied consent. Failure to take the test can and will be used against you in court and will result in a suspension of your priviledeg to operate a motor vehicle.
    Answer Applies to: California
    Replied: 7/24/2012
    Fairlie & Lippy, P.C.
    Fairlie & Lippy, P.C. | Steven Fairlie
    There is no one size advice that fits all. If there is no other reason to give the officer probable cause to believe that you are intoxicated then it might be a good idea to refuse field sobriety tests at the scene. Some officers insist you don't have that right but you do. But if you refuse the breathalyzer or blood test away from the scene then you are subject to an automatic suspension of your license for that in addition to any penalties you may get if you are convicted of DUI (which often happens even after a refusal). Therefore it is generally suggested that you take those tests.
    Answer Applies to: Pennsylvania
    Replied: 7/24/2012
    Jonathan S. Willett Attorney at Law
    Jonathan S. Willett Attorney at Law | Jonathan S. Willett
    A refusal calls for an automatic revocation of your driving privilege for one year. If you take a test, and its your first, you can get a probationary license after a one month suspension. Only refuse if you are so intoxicated, the result would be scary high. Otherwise, elect a blood test.
    Answer Applies to: Colorado
    Replied: 7/24/2012
    Law Office of Peter F. Goldscheider
    Law Office of Peter F. Goldscheider | Peter Goldscheider
    If you refuse the chemical test (and by that I do not mean the preliminary test in the field) when an officer has probable cause to believe that you have been driving under the influence, you will automatically lose your license for a year even if you are found not guilty of the DUI or are not charged. So it is hardly ever a good idea.
    Answer Applies to: California
    Replied: 7/24/2012
    Law Office of Michael E. Dailey
    Law Office of Michael E. Dailey | Michael E. Dailey
    You can decline the field sobriety tests (walking a line, standing on one leg, follow my finger etc.) and politely decline to answer any questions involving alcohol consumption with out major legal complications but a refusal of a breathalyzer or urine test will cost you your license for a year and still be used in court o show you have awareness of being in an intoxicated condition.
    Answer Applies to: Missouri
    Replied: 7/24/2012
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    Yours is not a simple question if you might think, generally refusing a chemical will actually exacerbate your problems and normally results in an additional the pension/revocation your driving privileges the Secretary of State independent of the court action for the DUIL. Michigan has an implied consent law which you would be violating.
    Answer Applies to: Michigan
    Replied: 7/24/2012
    Larry K. Dunn & Associates | Larry K. Dunn
    When a person is stopped by a police officer who suspects they may be under the influence of alcohol/drugs, the person is required to produce identification. The person is not required to submit to any field sobriety tests. If the police officer has reasonable suspicion that the person is under the influence, the officer may require the person to submit to a preliminary breath test at the scene of the traffic stop or accident. If the person refuses to submit to the preliminary breath test the officer will arrest the person and require the person to submit to a breath or blood test. The decision to refuse a field sobriety test is an individual decision although the person is not required to do so.
    Answer Applies to: Nevada
    Replied: 7/24/2012
    Ellman and Ellman PC
    Ellman and Ellman PC | Kevin Ellmann
    Opinions differ, but I believe the best practice is to refuse ROADSIDE MANEUVERS, but take a test (preferably blood) upon arrest. Should you refuse the test, you face a 1 year revocation of your driving privilege. If you have multiple priors, it might be wise to refuse everything despite the license revocation, as if you are convicted you face a lengthy jail term and there is no sense in providing additional evidence that can be used to help you get convicted.
    Answer Applies to: Colorado
    Replied: 7/24/2012
    Connell-Savela
    Connell-Savela | Jason Savela
    Refuse all until they cuff you, then choose blood or breath and stick to your choice. If they suspect drugs it has to be blood test.
    Answer Applies to: Colorado
    Replied: 7/24/2012
    Law Office of James E. Smith
    Law Office of James E. Smith | James Smith
    You will lose your license immediately if you refuse the test.
    Answer Applies to: Nevada
    Replied: 7/24/2012
    Natty Shafer Law
    Natty Shafer Law | Nathaniel Shafer
    In Utah, you do not have to agree to do field sobriety tests and you should refuse to take any. However, the officer may request that you take a breathalyzer if he has probable cause to believe you are intoxicated, and you need to comply or a jury is allowed to infer that you were intoxicated.
    Answer Applies to: Utah
    Replied: 7/24/2012
    Alvin Lundgren | Alvin Lundgren
    If you refuse, the law presumes that you are inebriated.
    Answer Applies to: Utah
    Replied: 7/24/2012
    Law Office of Michael Bialys THE DUI MAN
    Law Office of Michael Bialys THE DUI MAN | Michael Bialys
    You can refuse all tests in the field but no tests after an arrest. Again you must provide a chemical test after an arrest.
    Answer Applies to: California
    Replied: 7/24/2012
    Law Office of Edward J. Blum
    Law Office of Edward J. Blum | Edward J. Blum
    You should refuse every test until you are arrested. You must take that test.
    Answer Applies to: California
    Replied: 7/24/2012
    Law Office of Christopher G Humphrey PC | Christopher G Humphrey
    If you are a commercial driver, you lose your CDL for a refusal whether you win your case or not. That being said, as far as your criminal case goes, if you believe you are intoxicated, or might be above the legal limit, refusal can prevent the collection of breath evidence, but the Wyoming legislature has made it easier to draw your blood with a warrant. I suspect you would have your blood drawn after a refusal. There is no absolute in this business. Sometimes a refusal is better, sometimes not. There are consequences to each action regardless. If you are sober, haven't had a drink, by all means blow through the tube and be on the road.
    Answer Applies to: Wyoming
    Replied: 7/24/2012
    Vargas Law Office LLC | Ronnie Ismael Vargas
    If you refuse, you can be charged with an automatic DUI.
    Answer Applies to: Wisconsin
    Replied: 7/24/2012
    Miller & Harrison, LLC
    Miller & Harrison, LLC | David Harrison
    Refusing the roadside tests is often a good idea (walk & turn, etc.). Then an officer must determine whether he has probable cause to arrest you based on his other observations. The roadsides are voluntary so declining to do them is okay. However, once arrested, if asked to take a blood or breath test, if it is a first offense, it may make sense to take a test as refusing to take a test on a first offense can lead to a one year loss of driving privileges.
    Answer Applies to: Colorado
    Replied: 7/24/2012
    R. Jason de Groot, P.A
    R. Jason de Groot, P.A | R. Jason de Groot
    A person who refuses the breath and other tests is probably still going to be charged with dui, but it may be a harder case for the state to prove. Each case is different. You cannot prevent any legal complications. The best thing is simply not to drink and drive, or have a designated driver.
    Answer Applies to: Florida
    Replied: 7/24/2012
    Gutin and Wolverton
    Gutin and Wolverton | Harley Gutin
    No. You would need to consider issues at the time: 1. Are you under the influence of drugs or alcohol. 2. Have you refused before (because a refusal can be a misdemeanor now where there was a refusal in the past or for other reasons). 3. Are you able to perform field sobriety tests (under normal conditions) Typically if you are under the influence you should simply ask for a lawyer and say nothing or do nothing else. However, an attorney cannot tell you to violate the law. So it is harder now to give a blanket rule for refusing to take tests (breath, blood or urine) due to the fact that the refusal itself could be charged as a crime.
    Answer Applies to: Florida
    Replied: 7/24/2012
    Law Office of John Schum, LLC
    Law Office of John Schum, LLC | John Schum
    Hawaii has recently changed it criminal statute to include a misdemeanor offense for refusing to provide a sample for testing blood alcohol content. So now if you refuse, you will be charged with another offense. Depending on other factors, they may still be able to proceed on the DUI so you would end up with two possible convictions. Where the officer sees you driving erratically or you have been in an accident, those would be situations where they could also get a conviction on the DUI if they had reason to believe you had been drinking such as smelling like alcohol or admitting to having one or two only. At a DUI checkpoint that is a situation where it would be less likely if the only reason they stopped you was because you were the next car they were planning on stopping and your driving had no reason for them to stop you. If you are going to refuse, you should not answer any questions or participate in the field sobriety tests. You do need to realize that they are going to charge you with another offense for refusing. I hope this helps you sort your legal situation out.
    Answer Applies to: Hawaii
    Replied: 7/24/2012
    Law Office of Mark Bruce
    Law Office of Mark Bruce | Mark Corwin Bruce
    Quite the opposite. Even if you are drunk, it is better to take the tests than to face a refusal charge. If you are not drunk-eg, you've had two small drinks or less-then the test will likely show that you are OK to drive and will stop everything. If you are convicted on a refusal you can lose your license-not just a suspension but a revocation, which requires a lot more to cure. Further, the revocation will last at least a full year with no prospect of even getting a restricted license. So, no. You should not refuse a sobriety test "to prevent any legal complications."
    Answer Applies to: California
    Replied: 7/24/2012
    Law Offices of Sharp and Driver | Matt Sharp
    The reality is that if the police officer has asked you to perform a sobriety test, he has already made up his mind to arrest you. You should refuse to cooperate with any test. The police are only trying to develop more evidence to prosecute you with later.
    Answer Applies to: Texas
    Replied: 7/24/2012
    Furlong & Drewniak PLLC
    Furlong & Drewniak PLLC | Thaddeus Furlong, Esq.
    Absolutely politely decline any field sobriety test, including blowing into a small portable breath tester (PBT). You are required to exit the car, of asked, but you DO NOT have to tell the police anything about where you ate coming from, of you've been drinking, or perform any field tests. Few people can successfully pass the tests when sober, and even fewer at night on the side of a highway. Taking the field tests usually just helps the officer obtain more evidence against you.
    Answer Applies to: Virginia
    Replied: 7/24/2012
    James M. Osak, P.C.
    James M. Osak, P.C. | James M. Osak
    When you first got your driver's license. . . . you AUTOMATICALLY AGREED TO TAKE ANY FIELD SOBRIETY TESTS WHEN ASKED. REFUSAL IS NOT AN OPTION. If you REFUSE: they charge you with refusing . . . and you can be taken to hospital/medical clinic to have your blood drawn (at your expense) anyway.
    Answer Applies to: Michigan
    Replied: 7/24/2012
    Pearson, Butler, & Carson, PLLC
    Pearson, Butler, & Carson, PLLC | Matthew R. Kober
    This is a very complicated question depending on a number of factors. You should consult an attorney more a full explanation. You are legally allowed to refuse to take the sobriety tests, however if you refuse the request for chemical testing, you can lose your license for 18 months on a first refusal. If you refuse to take them, the office will likely arrest you anyways. Field sobriety tests can be a double edged sword, they can help you if you do good on them or hurt you if you do bad on them. Therefore, its very dependent on the situation.
    Answer Applies to: Utah
    Replied: 7/24/2012
    San Diego DUI Law Center
    San Diego DUI Law Center | Rick Mueller
    Yes unless under 21 or on dui probation. Must do chemical test, though.
    Answer Applies to: California
    Replied: 7/24/2012
    The Law Offices of Harold L. Wallin | Harold L. Wallin
    Refusing tests will not "prevent any legal complications," you will probably be arrested. However, you will have a better chance of winning your case at trial.
    Answer Applies to: Illinois
    Replied: 7/24/2012
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