Search
contact Menu
Green & Delan, LLC
Decades of Experience. Proven Results. Always Focused On Your Goals.
770-648-5523

Personal Attention From The Experienced Advocate You Deserve

Can you refuse to submit to a DUI field sobriety test?

Drunk driving laws are often complex. The primary rule of “don’t drive if your blood alcohol is above the legal limit” is fairly straightforward. However, numerous laws which stem from this primary rule can be nuanced and can differ depending on the circumstances of any given situation.

Take, for example, laws and regulations related to blood alcohol testing. Sometimes, one can refuse to submit to blood alcohol testing, even though this choice often comes with automatic refusal-related punishments. Sometimes, in cases involving crash-related homicides and on “no-refusal” weekends, one cannot refuse to submit to blood alcohol testing. This kind of nuanced “sometimes yes, sometimes no” approach also applies to field sobriety tests.

Unlike blood alcohol testing, one may generally refuse a field sobriety test without suffering negative legal consequences automatically. Of course, a law enforcement officer may still have enough probable cause to arrest you if you refuse to take a field sobriety test, however, you will not be subjected to automatic penalties simply due to your refusal.

Yet, it is important to understand that if a law enforcement officer has a warrant, you may not generally refuse his or her instructions to submit to a blood or field sobriety test. Although you can refuse technically, you cannot generally do so legally. If you have questions about DUI law, do not hesitate to ask to speak with an attorney as soon as possible after you are pulled over or arrested. An attorney should generally be able to advise you on the particulars of your situation.

Source: Findlaw Blotter, “Can You Refuse a Field Sobriety Test?” Brett Snider, Oct. 16, 2014

No Comments

Leave a comment
Comment Information
Email Us For a Response

Fill Out The Form Below Or Call 770-648-5523 To Get Started!

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Location

ATLANTA OFFICE
3655 Brookside Pkwy.
Suite 525
Alpharetta, GA 30022

Toll Free: 800-570-8951
Phone: 770-648-5523
Fax: 470-268-8300
Alpharetta Law Office Map

Duluth Office Map