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Can I refuse a sobriety test while investigating a public intoxication? If I was in no danger of myself?

West Jordan, UT |

I wasn't walking really straight in the street and the officer stopped me and wanted to investigate me. Can I refuse the sobriety tests as I'm not driving and that I were NOT in danger of my self or others? What of he took me to jail? Do I have to submit a blood sample? Can I get convicted? and can the case even end up in court? Can the prosecutor even file charges? I was not in a danger of my self or others, I was just not walking really well that's it

Attorney Answers 2

  1. You can always refuse to perform field sobriety tests, whether you are pulled over in a car or stopped walking down the street. You can also refuse to give a voluntary blood sample, although in some cases the officers will seek a warrant to draw your blood. If it's granted, they don't need your consent. (Also, if you are being investigated for DUI, there are special laws about refusing chemical tests, which can result in a suspended driver's license--that's a whole separate matter).

    As for whether or not you are charged and the case ends up in court, that will be for the prosecutor to decide. The simple answer is yes, you can be charged if the prosecutor believes you committed the crime, and then you will have to go to court. If that happens, I recommend speaking with a criminal defense attorney about the specifics of your case. Most criminal defense attorneys will give you a free initial consultation. Good luck.

  2. Public intoxication is a crime. You can refuse to take a sobriety test. Refusal to take a sobriety test may have significant consequences if you are driving, such as an automatic suspension of your driver’s license. There is no suspension of your right to walk the streets if, as pedestrian, you refuse to take a sobriety test. In fact, it may make it more difficult for prosecution to prove that you were intoxicated if there are no sobriety test results available. This is not a recommendation that you refuse to submit to a sobriety test; a sobriety test could just as easily prove that you were not legally intoxicated as prove that you were intoxicated.

    LICENSED AND ACCEPTING PERSONAL INJURY CASES IN CALIFORNIA & UTAH - 911LAW.ORG - Former Judge Pro Tem in California Superior Court. CALIFORNIA PERSONAL INJURY CAR ACCIDENT ATTORNEY LAWYER. ST GEORGE UTAH PERSONAL INJURY CAR ACCIDENT ATTORNEY LAWYER. Attorney responses are provided for informational and educational purposes only and do not create an attorney client relationship. Such responses represent the attorney’s initial analysis based only upon the facts set forth in the question. Since the question may not include all of the facts or omit material facts or timelines which could affect the attorney’s conclusions, attorney responses should not be construed as legal advice for any particular set of facts but only as a preliminary opinion.

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