Why you should refuse all Field Sobriety Tests if stopped for a DUI

Posted by Steven Fabian, Sonoma County Criminal Defense Lawyer

Written by: Julia Nicole Mcilroy, Criminal Defense Attorney

So you have been set up to fail. And what does this failure do? It gives the prosecutor more evidence that you were under the influence and it only makes my job that much harder.

So don’t do the field sobriety tests. However, in California you MUST complete either a breath or blood test once you have been arrested.

If you say no, you don’t want to give a blood or breath test and then later change your mind and give it, the officer and the DMV can still say you “refused” a test and take your license for a year. Yes, a year. Even after giving your blood to them.

So again, I repeat, take a breath or blood test. I would personally take a blood test, because they are more accurate and your attorney can retest the blood if necessary. Once you take the breath test, your breath is gone and all we have is a reading from a machine.

So, in summary, if you are stopped for a DUI and the officer asks you to complete a series of FSTs, say “no thank you sir” – even if he threatens you or makes promises to you. But make sure you take a breath or blood test after you are arrested so you won’t lose your license for a minimum of one year.

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