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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
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