Do I have to do all the tests the officer asks if I get pulled over for possible DUI?

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?

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John J. Carney | The Law Offices of John J. Carney Esq.
401 East 34th Street
New York, NY 10016
(917) 696-2363

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.

Answer Applies to: New York - Replied: 3/9/2013

Geoffrey M. Yaryan | Law Office of Geoffrey M. Yaryan
74-075 El Paseo, Suite A-14
Palm Desert, CA 92260
(760) 779-9666

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.

Answer Applies to: California - Replied: 1/20/2013

Lawrence Lewis, PC | Lawrence Lewis
242 Culver Street, Suite103
Lawrenceville, GA 30045
(678) 407-9300

Refusal may still result in arrest, but only IF the police thinks that he has observed enough to arrest you for DUI.

Answer Applies to: Georgia - Replied: 1/18/2013

Michael Breczinski | Michael Breczinski
5005 Lapeer Rd
Burton, MI 48509
(810) 743-2960

You should take the tests. And yes even without tests they can charge you with PUI if it is obvious.

Answer Applies to: Michigan - Replied: 1/17/2013

Gregory Casale | Gregory Casale Attorney at Law
316 Main St, Suite 400
Worcester, MA 01608
(508) 752-7500

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.

Answer Applies to: Massachusetts - Replied: 1/17/2013

Timothy J. Thill | Timothy J. Thill P.C.
261 E. Quincy ST
Riverside, IL 60546
(708) 443-1200

You can refuse the standard performance tests without loss of license for said refusal. However, you can still be charged and convicted without the SPTs, if the officer detected the odor of alcohol on your breath, and how your eyes appeared, along with speech, walking and turning when you got out of your car and into the squad car, and the erratic driving. Remember that the officer is a trained expert in detecting when people are under the influence, and his observations carry a lot of weight with judges and juries.

Answer Applies to: Illinois - Replied: 1/16/2013

Steve Graves | Graves Law Firm
105 Howard Street
San Antonio, TX 78212
(210) 738-3230

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.

Answer Applies to: Texas - Replied: 1/16/2013

Jeff Yeh | Law Office of Jeff Yeh
3810 Wilshire Blvd., Suite 1110
Los Angeles, CA 90010
(213) 446-2495

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.

Answer Applies to: California - Replied: 1/16/2013

Nathaniel Shafer | Natty Shafer Law
717 South 300 West, Suite B
Salt Lake City, UT 84101
(801) 450-2584

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.

Answer Applies to: Utah - Replied: 1/16/2013

Harold L. Wallin | The Law Offices of Harold L. Wallin
33 North Dearborn St
Chicago, IL 60602
(312) 346-7730

You can refuse the field sobriety tests, like the walk and turn or one leg stand. In Illinois, there is no penalty for refusing those tests. You might still be arrested, however, it will be difficult for the state to prove the case against you (which is not to say impossible you can still be found guilty even if you refuse all tests, but your odds are much better).

Answer Applies to: Illinois - Replied: 1/16/2013

Jeffrey D. Salberg | Salberg Murdock
345 W 600 S, Ste. 109
Heber City, UT 84032
(435) 657-3691

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.

Answer Applies to: Utah - Replied: 1/16/2013

Cynthia Henley | Cynthia Henley, Lawyer
7626 E. Jordan Cove
Houston, TX 77055-5053
(713) 222-1220

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.

Answer Applies to: Texas - Replied: 1/16/2013

Elliott D. Yug | Harris, Yug & Ohlinger
1489 Warm Springs Rd., # 110
Henderson, NV 89014
(702) 966-8270

Yes you have to do as the officer requests. As to the breathalyzer also ask for a blood test.

Answer Applies to: Nevada - Replied: 1/16/2013

John F Brennan | Musilli Brennan Associates PLLC
24001 Greater Mark
St Clair Shores, MI 48080
(586) 778-0900

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.

Answer Applies to: Michigan - Replied: 1/16/2013

Jason Savela | Connell-Savela
250 Arapahoe Avenue, Suite 301
Boulder, CO 80302
(303) 865-4545

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.

Answer Applies to: Colorado - Replied: 1/16/2013

Edward D. Flint | Edward D. Flint PLLC
10808 S. Riverfront Pkwy #314
Salt Lake City, UT 84171
(801) 988-9903

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.

Answer Applies to: Utah - Replied: 1/16/2013

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Do I have to do all the tests the officer asks if I get pulled over for possible DUI?