Attorney Nigel Witham speaks about field sobriety tests and if you are legally required to take them.
DUI Videos: Field Sobriety Tests
Field Sobriety Tests are voluntary. What many police officers do not want you to understand is that you do not have to do them. My opinion, having done this for many many years, is that police officers are looking for evidence to convict you of DUI. You can legitimately refuse to submit to those field sobriety tests and that cannot be held against you in court or at the DMV hearing. However, if you do that, then most police officers would arrest you for DUI and take you into custody, in order to obtain a blood or breath test from you. Now, you do not have the right in California to refuse a blood or breath test. If you do so, the penalties can be worse for you. As far as the field sobriety tests are concerned, prior to arrest, you don't have to submit to those field sobriety tests and my advice to you is that you should not because you're only going to be making it worse for yourself and giving them more evidence.
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If you have been charged with a DUI in Los Angeles, please contact a Los Angeles DUI Lawyer at Gold & Witham today!
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