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What actions are OPTIONAL when pulled over for DUI inquiries?

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  • What actions are OPTIONAL when pulled over for DUI inquiries?

    I'm driving a car.
    A police officer pulls me over (or I have to run the gauntlet at a DUI checkpoint).
    Can I refuse to do the standard field sobriety test* if I agree to submit to blood-alcohol testing (mobile unit or at a hospital or at the police station)?
    Can I refuse to do BOTH the standard field sobriety test* AND blood-alcohol testing?


    * FST = (a) stand on one leg with arms to the side, then suspend one foot above the ground about six inches, (2) walk a straight line with one foot directly in front of the other, (3) horizontal gaze nystagmus = follow a moving object with your eyes while keeping your head still.

  • #2
    Re: What actions are OPTIONAL when pulled over for DUI inquiries?

    What state? It varies.

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    • #3
      Re: What actions are OPTIONAL when pulled over for DUI inquiries?

      In most states you will be required to take a Breathalyzer test but a field sobriety test is optional. You are not legally required to take these tests. Because field sobriety tests are meant to be a scientific basis for determining if a driver has been drinking, their reliability is often attacked. If a test was not administered properly or the driver barely failed, it could be a strong argument against arrest.

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      • #4
        Re: What actions are OPTIONAL when pulled over for DUI inquiries?

        You and your hypothetical situations are wasting people's time here.

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        • #5
          Re: What actions are OPTIONAL when pulled over for DUI inquiries?

          Originally posted by mack10 View Post
          What state? It varies.
          California

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          • #6
            Re: What actions are OPTIONAL when pulled over for DUI inquiries?

            You can refuse but you will likely lose your license regardless of the DUI case outcome.

            CA law basically says you agree to be tested when legally stopped, ie you agreed in advance when you asked for a license.

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