QUESTION
Was denying any kind of sobriety test the right decision?
Asked on Apr 08th, 2013 on DUI/DWI - Utah
More details to this question:
I got pulled over the other night not far from my home. The officers asked me to preform a variety of different sobriety test. I said no, that I wasnt intoxicated, or under the influence of any drugs. Will I lose my license for denying these test?
5 ANSWERS
Criminal Defense Attorney serving Oakland, CA
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Kapsack & Bair, LLP
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If you driving and stopped for a vehicle code violation, arrested for DUI and then requested to provide a sample of your blood or breath, which you failed to provide, you violated implied consent. Yes, without the assistance of a DUI lawyer you will likely lose your license for a year or more and face serious criminal charges (DUI + Refusal).
Answered on Apr 15th, 2013 at 12:46 AM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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You should not lose your license for refusing to perform field sobriety tests, but you can lose your license for refusing to submit to either a breathalyzer or blood test.
Answered on Apr 09th, 2013 at 2:57 AM
2 Awards
In Colorado - you do not have to submit to any of the field sobriety tests or roadside tests nor do you have to make any statements. Officers are asking you these questions and to perform the tests so that they can build a case against you. IF an officer arrests you, you must submit to either a blood or breath test- or you could lose your license for a year. Let an attorney argue after the fact if the officer had probable cause to believe that you were driving under the influence of alcohol and/or drugs.
Answered on Apr 09th, 2013 at 1:59 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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In Michigan you will be subject to a suspension as you have violated the implied consent provision of the state law.
Answered on Apr 09th, 2013 at 12:21 AM
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In Utah, there is an automatic 2 year license suspension for refusing a chemical test. If you only refused to do field sobriety tests then your license should not be suspended. Otherwise, you need to hire a lawyer immediately.
Answered on Apr 09th, 2013 at 12:18 AM