What happens with DUI charge if I Idon't do field sobriety tests
Question: What happens if I don’t do field sobriety tests for DUI? I was pulled over for a DUI in Valley Village, CA. I did not go through the tests because I refused. I am still facing a DUI charge in Van Nuys, CA. Is that right? What happens now?
Answer: Did you successfully complete a breath or blood test after being arrested? If so, you are over 21 at the time of arrest, and not on probation that includes DUI conditions, then you can refuse the Field Sobriety tests without penalty (note that a Preliminary Alcohol Screening test is a field sobriety test). If you did not successfully complete a breath or blood test after being arrested then you can be charged with a refusal, and also be charged with a DUI based on the observations of the officer (ie. driving, speech, etc). This is a very general response. You should contact a DUI attorney immediately regarding your case to discuss it in more detail. If your case is in southern California, feel free to contact me to discuss further.
Sincerely,
Phil Hache
DUI & Criminal Defense Lawyer