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I was pulled over in December and arrested for a DUI but the officer did not give me any type of sobriety tests. Is this legal?

Palm Desert, CA |

I have had 2 DUIs in the past (2004 & 2006). When I was stopped in December, the officer arrested me for a DUI but never gave me any tests (breathalizer or roadside). They impounded my car and took me down to the station where they then asked me to take a test. I said no at that time though because I was already arrested. I had 2 drinks earlier that night and I wasn't sure if they would show up or not and with a past DUI, I wasn't sure if I could have anything on my breath. The attorny that was supposed to help me didn't show up for my arraignment and now I have a warrant out! I need someone to help me if possible. Thank you!

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Attorney answers 3


You can be arrested without field sobriety tests or a PAS device. However, if you fail to complete a breath or blood test after arrest, you may also be charged with VC 23577 which requires mandatory jail time. Call John Pettis at San Diego Defenders 619.233.6900. He is one of the foremost DUI attorneys in Southern California.


It's legal for them to arrest you without field sobriety tests or a breathalyzer if there was probable cause to believe you were impaired. They don't have to give you those tests, but it will be a lot harder for them to prove their case without them. Good luck to you.


There are some serious consequences for a 3rd time DUI. I would strongly suggest you speak with an attorney in your area about your case.

It may be harder for the DA to prove that you were impaired if you didn't do the test but doesn't mean that they won't try to find ways to prove impairment through just your blood alcohol level if you gave a blood sample.

Best of luck,

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