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Are motorists required to take the ROADSIDE breathalyzer and the FSTs?

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Are motorists required to take the ROADSIDE breathalyzer and the FSTs?

Postby naseem » Fri Mar 23, 2012 10:48 am

I recently talked to a traffic lawyer friend of mine. He does several DUI cases, and he said that the implied consent law applies ONLY to the chemical test at the station, and NOT to the tests administered at the traffic stop.

He said that if pulled over and asked if you have been drinking or asked where you are coming from, you do not have to answer. Is this true?

He said that you do not have to submit to a preliminary breath test or a field sobriety test. Is this true? He said that a LOT of people fail the FSTs sober or if they are anxious (which most people would be).

He said what you DO have to consent to are the chemical tests that are administered AFTER you get arrested, and that you always have the choice between urine, blood, and breath. Is this true?

If all of this is true, what happens if I refuse to take any or all of the roadside tests? Will I still be arrested for DUI? What happens if I blow a 0 at the station? Will I be released? If they can arrest me without my submitting to a FST, then why do they even bother to administer them? Just to give them more evidence against me!?

I am not a drunk driver, and I have NOT been charged with DUI, so I don't want any rude remarks. Also, I don't want answers like "don't drive drunk and you won't have a problem." I do not drive drunk, I am JUST curious.
naseem
 
Posts: 49
Joined: Sat Apr 02, 2011 2:23 pm

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