I represented a client recently for a DUI charge. After reviewing the police report and interviewing the police officer, I found out the officer told my client that he had no legal right to refuse field sobriety tests. Officer said that he couldn’t physically make him perform the tests, but he had no legal right to refuse. THIS IS 100% FALSE AND I CAN’T BELIEVE THE OFFICER ACTUALLY SAID THIS!
If you learn anything from this posting, remember this, YOU HAVE THE RIGHT TO REFUSE FIELD SOBRIETY TESTS AND PORTABLE BREATH TESTS WITHOUT ANY FORM OF CONSEQUENCES. Police officer want you to perform these tests because it will give them probable cause to arrest you for DUI. Without performing these tests, they have no idea how to determine if you are impaired or have a blood alcohol concentration greater than .08
The only time there are consequences is if you refuse a blood draw or breath test AFTER you have been arrested. A refusal will result in a one year license suspension. If you refuse, the officer will obtain a search warrant and test your blood, so there is no benefit to refusing. Just because police officers have a shiny badge doesn’t mean they know the law. Also, just because someone is a lawyer, doesn’t mean they know how to defend DUI cases. If you have been arrested for a DUI investigation in Scottsdale, you need a lawyer who knows what they are doing and who will fight your case at trial. My law firm is honest, hard working, and we know all about DUI defense. Call for a free consultation to discuss your case.