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How many field sobriety tests do I have to take? I passed my breath test, but declined anymore tests. He said I refused.

Oklahoma City, OK |

I passed my voluntary breath test and then the officer said he would like me to take a blood test too. I told him that I was voluntariy taking these tests and that I would no longer like to do them and that I would like to go because I passed one already. He said I was refusing to take a blood test and i was arrested.........he then brought me refusal paper work while i was in jail and wanted me to sign them. I told him that I wanted to go take the blood test since i was arrested and that i wouldnt sign his papers. I never got to take it

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Attorney answers 1


In California, officers usually ask a licensee in investigation for a DUI to take a preliminary alcohol screening test prior to being arrested. Taking this does not satisfy the "implied consent law." Once arrested, the officer can then request a breath or blood test. In a situation where the officer suspects drugs are involved, they can request a blood test even after a breath test is given. Refusal to a blood test in this situation can constitute a refusal. You should speak to a DUI attorney in your area to discuss the case in more detail.

Legal disclaimer: This message does not constitute legal advice and is for informational purposes only. This message does not establish an attorney-client relationship, which can only be established once a retainer agreement has been fully executed between you and this firm.

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