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Can I refuse to take a field sobriety test?

If the police pull you over on suspicion of drunk driving, the police will typically try to give you not only a field sobriety test, but also a breathalyzer test (to test for your BAC concentration). Many states have "implied consent" laws, which mean you are deemed to have already consented to a field sobriety test through the privilege of driving on the roads or obtaining a license. Regardless, you may still be able to refuse the field sobriety test. Refusals should be made politely and will reference to speaking to an attorney. If you do refuse, you'll most likely be arrested and taken to jail, where the police officer will ultimately conduct a chemical test – your choice of blood, breath or urine – which can not be refused.

Some people would prefer to be tested at jail on the theory that by the time they're booked, which could be several hours later, the alcohol in their bloodstream will have further metabolized and, as a result, the person will have a lower BAC. Of course, the amount of alcohol in your bloodstream, the amount of time the arrest process takes, and a number of other factors make every situation different. In fact, your BAC may even be higher at the jail, depending, again, on the circumstances. Also, there may be penalties for refusing to take the field sobriety test including loss of your license, perhaps for several months, and even being charged with a separate refusal-based offense.

If you find yourself in the position of being arrested for a DUI, contact an attorney as soon as possible to determine your best options.

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Liability for Over Serving Alcohol

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