November 2, 2011 By Paul Wallin

The officer may ask you to take a breath 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 officer may ask you to do some “field sobriety 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 breath or blood test. You must agree to submit to one of these tests by law. 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.

AUTHOR: Paul Wallin

Paul Wallin is one of the most highly respected attorneys in Southern California. His vast experience, zealous advocacy for his clients and extensive knowledge of many areas of the law make Mr. Wallin a premiere Southern California attorney. Mr. Wallin founded Wallin & Klarich in 1981. As the senior partner of Wallin & Klarich, Mr. Wallin has been successfully representing clients for more than 30 years. Clients come to him for help in matters involving assault and battery, drug crimes, juvenile crimes, theft, manslaughter, sex offenses, murder, violent crimes, misdemeanors and felonies. Mr. Wallin also helps clients with family law matters such as divorce and child custody.

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