Quote:
Originally Posted by Moses
They are different things. The breathalyser/urine/blood test consent is implied and failure to comply may result in license suspension/revocation.
This is NOT the case with a field sobriety test. Those are ALWAYS voluntary. Interpretation is entirely subjective. You may not be compelled to perform a roadside sobriety test under any circumstances. I'm 100% certain on this.
I was asked to perform a roadside sobriety test once by a young, inexperienced officer. I had not been drinking at all. BAC would have been 0.00%. The officer thought my cooperation was compulsory. I politely refused and demanded to speak with his watch commander. The young officer learned a valuable lesson that day.
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Absolutely true. I refused a breathalyzer once too. In AZ they can strap you down and forcibly draw your blood. But I don't think that works in most other states. Besides, the penalty for refusal is slightly worse than getting a DUI conviction, depending on your state's laws. In AZ we have "extreme" DUI, which is for really high BAC's. But if you're just buzzed, you're better off getting a DUI than a refusal conviction. Refusal is an automatic one year suspension with no restricted license and you still get the whole SR-22 and insurance treatment afterwards. With a DUI, you can sometimes beat it in court and get a six month suspension with restricted privileges. My refusal only worked for me because I was not in my home state and I got real lucky at court.