What could happen if i refused to take a sobriety test, was not arrested at the moment and am now charged for that?

Asked over 1 year ago - Pittsburg, CA

I got arrested 4 months after i got pulled over and am now being charged with refusing to take the sobriety test.

Attorney answers (3)

  1. Robert Laurens Driessen

    Contributor Level 20


    Lawyer agrees

    Answered . Unless you are under 21 you have the absolute right to refuse the field sobriety tests. You can only be accused of a refusal if you refuse to submit to the evidential test of either a breath or blood test.
    Robert Driessen

    Mr. Driessen is a former Deputy DA in Orange County with over 8 years of criminal law experience. Nothing stated... more
  2. Michael Carter Lukehart


    Contributor Level 13


    Lawyer agrees

    Answered . You could lose your license. Other bad things can happen. You need a lawyer now.

  3. Michael Joseph Aed

    Contributor Level 8

    Answered . You can legally refuse to take field sobriety tests (FST's). However, you are mandated to submit to a chemical test if probable cause exists to believe you are driving under the influence. Failure to submit to a chemical test is punishable by license suspension, not necesarily criminal charges. Your question suggests you've been charged with refusing to do FST's. That is not a criminal offense in and if itself....

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