If the police have stopped you and suspect you may be guilty of drunk driving it is critical for you to know what you are required to do by law and what you are NOT required to by law. The police officer is doing all that he can to obtain evidence that can later be used against you in court. Here are the rules.
The officer may ask you to take a breathe test at the scene of your arrest. This is called a preliminary screening device or “PAS” test and you are NOT REQUIRED to submit to such a test. There is no penalty for refusing to do so. The police officer will likely become upset with you because you are making his job more difficult.
The officer may ask you to do some “field sobriety tests”. These commonly consist of walking a line, “finger to nose test” and similar tests. Once again you are NOT REQUIRED to submit to any of these tests. There is no penalty for refusing to submit to these tests.
Finally, the officer may arrest you and then take you to the police station or a local jail. At this location he will ask you to submit to a breathe or blood test. You must agree to submit to one of these tests by law. If you refuse to do so the DMV will attempt to suspend your license for one year. In addition if you are prosecuted for a DUI and are convicted then you will be facing a more severe punishment in the court because you refused to submit to one of these tests.
Whether to submit to any test can often depend upon whether you believe you have had too much to drink. Always remember the burden is on the prosecution to convince 12 jurors that you were in fact under the influence. The police are looking for evidence to help convict you. It is rarely a good idea to submit to any tests requested by the police other than the one test that the law requires you to take. However, in some cases, as in where a defendant has multiple prior DUI’s and may be facing prison or serious jail time the person might decide it is better to refuse the required test and take the consequences as opposed to providing a breathe or blood test that will very likely indicate that the accused had a blood alcohol above the .08 legal limit. The final decision is up to you.