QUESTION
Do I have to do all the tests the officer asks if I get pulled over for possible DUI?
Asked on Jan 16th, 2013 on DUI/DWI - Utah
More details to this question:
I've heard that if you refuse the breathalyzer test you can get your license taken away or some other penalties but what happens if you refuse those other tests like walking in a straight line and counting backwards and those sorts of tests. If you just refuse will you get arrested anyway? Even so, can you get a DUI charge if there are no tests to confirm the actual DUI?
12 ANSWERS
John J. Carney
You should call a lawyer to ask him what to do. That means you have to have a lot of lawyer's cell numbers in your wallet. If you are thinking that far ahead I guess you should just take a taxi and not risk the DWI, but at least you will be covered. You do not have to take the field sobriety tests. If you do not take the breathalyzer your license will be revoked for 6 months and you will pay a $750 civil fine and not be able to get a 20 day order after you plead or get convicted before you get the conditional license for Driving School. You will also not get a plea most of the time if you refuse and it is evidence of consciousness of guilt at your bench or jury trial. If you are very drunk, or if it is a second or third offense refuse the test. If there was an accident with a personal injury refuse the test unless you are sober or only had two or three drinks.
Answered on Mar 11th, 2013 at 7:59 PM
Geoffrey MacLaren Yaryan
You must take a blood test or lose your license for a year, as far as the other test you don't have to take them but the fact you refuse to take them will likely be used against you in a trial by asserting that your refusal was a consciousness of guilt. Also, you can be arrested even if you don't take the test if there are other signs of impairment, like the smell of alcohol, bad driving, stumbling when getting out of the car, slurred speech, bloodshot eyes,etc.
Answered on Jan 24th, 2013 at 10:16 AM
Criminal Law Attorney serving Worcester, MA
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Gregory Casale, Attorney at Law
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Field sobriety tests and breathalyzer tests are given so the government can use them as evidence against you. If you do not take the field sobriety tests, the fact that you declined is not admissible against you. You are penalized for not taking the breath test. However, the fact that you refused to take it is again not allowed as evidence against you at trial and the jury hears nothing about a breath test whatsoever. Your lawyer can explain the license loss and why it is still a good idea to refuse the breath test, even with the license loss in most cases.
Answered on Jan 18th, 2013 at 2:22 PM
Michael J. Breczinski
You should take the tests. And yes even without tests they can charge you with PUI if it is obvious.
Answered on Jan 18th, 2013 at 2:22 PM
1 Award
In Utah, you are correct that you do need to submit to chemical tests, but you do not have to submit to sobriety tests. It's usually in your best interest to refuse to submit to the field sobriety tests.
Answered on Jan 17th, 2013 at 1:39 PM
First of all, you will get arrested anyway, no matter what you do.bThe FSTs and the PAS tests are simply tools the cop uses to convict you later in court. And yes, you can refuse the FSTs and the handheld PAS tests. And yes they can charge and convict you, in fact refusal cases have more severe consequences. With that said, refusal cases are more defensible, provided you have a DUI specialist to represent you in court. By yourself you have zero chance.
Answered on Jan 17th, 2013 at 1:39 PM
Litigation Attorney serving San Antonio, TX
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Graves Law Firm
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You don't have to perform the field sobriety tests, but your refusal will not endear you to the officer, and he or she is likely to just come up with other observations to justify arresting you strong odor of alcoholic beverage, disheveled clothing, slurred speech, hesitancy, fumbling for driver license/insurance/registration papers, swaying, holding onto the car for balance, you name it. But if you're going to flunk the tests anyway, there's no good reason to perform them. In other words, if you're going to be arrested either way, there's no reason to help them build or strengthen their case against you.
Answered on Jan 17th, 2013 at 1:38 PM
Drug Charges Attorney serving Houston, TX
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Cynthia Henley
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You are free to choose to refuse any and all tests except a blood test if they obtain a warrant. If you refuse the breath test, or you fail the breath test, your license will suspended for a period of time. If you do not tests, then the question of whether you are intoxicated will be decided on the observations of the officer and his testimony about same, and any video made of you.
Answered on Jan 17th, 2013 at 1:38 PM
You have consented to doing a blood test, breathalyzer and/or urine test if you are stopped in Utah and the officer has probable cause to believe you were driving impaired. If you refuse, the state will (not may) suspend your license for 18 months for a first offense (whether you are convicted or not of DUI). You can respectfully refuse to answer questions or do field sobriety tests. However, be prepared to be taken to the police station to do one, two or all three of the implied consent tests. If you feel the results are wrong and you are not over the legal limit of .08, if you can, immediately and privately get a blood test as soon thereafter as possible. Do not share the results of that test with anyone but your attorney.
Answered on Jan 17th, 2013 at 1:38 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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If you refuse you will be arrested anyway. Michigan has an implied consent (to breath analysis or blood tests). Refusal to submit to the preliminary breath test, the in station breath test or a blood test all carry their own penalties. You can be convicted without any tests, Just on the observations of the witnesses, including the police officer. It is just more difficult for the prosecution to prove their case.
Answered on Jan 16th, 2013 at 9:21 PM
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You only have to do the blood or breath test that is offered when they give you express consent "under the law of colorado, you have already consented to a chemical test to determine the drug and alcohol content of your blood. choose blood or breath" that is not exactly what they say, but similar - this usually is said about when the put hand cuffs on you the roadside tests, such as the eye test, walk and turn, one leg stand, and portable breath test (handheld device about the size of a cell phone) are not mandatory I say refuse all roadside tests but choose blood or breath at the end. if you know you are under .05 BAC, then ask for the portable breath test - it is the easiest way to go home if you are unsure or know you are over the limit, just choose blood or breath (blood is the most accurate) you cannot change the test you choose - neither can the cop - if the cop tries to change the test, say you want the test you chose and do nothing else if you are injured and brought to the hospital, you cannot choose a breath test - it has to be blood if the cop suspects drugs, you must do a blood test don't drink and drive.
Answered on Jan 16th, 2013 at 9:20 PM
Criminal Law Defense Attorney serving St. George, UT
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Edward D. Flint Attorney at Law
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What you can refuse to do is answer questions like how much did you have to drink, you can refuse to do the field sobriety tests like the eye test, walk and turn and one-leg stand, but if you are arrested and read the admonition that you either take the chemical test (breath, blood, urine or all three) you will lose you license for a long time. Cops are now obtaining E-Warrants to draw your blood, anyway.
Answered on Jan 16th, 2013 at 9:19 PM