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Can I refuse to do a field sobriety test?

Police officer at carThe most common question we get is, “Should I blow or not blow?” And the answer is never, ever take the field sobriety test. In Ohio and Kentucky there are no additional penalties. The tests are too easy to fail and they are too subjective; there’s not sufficient correlation to impairment that would warrant it.

Not only can you refuse, but also you should. You can cooperate and be respectful, but that doesn’t mean you need to take the portable breath test and the field sobriety tests.

Don’t be lulled into a false sense of security that an officer is trying to help by giving a field sobriety test.

After my arrest, am I required to take the urine and blood tests?

In Ohio, if it’s your third offense in six years they can force you to take a blood test. But besides that, no one can make you take a urine or blood test. However, know that there are penalties for refusing to take the blood alcohol tests in the police station.

I wasn’t driving the car but they had me take the breathalyzer. Can I be arrested?

Yes, you can. You do not need to be operating the vehicle to be arrested for a DUI related charge. There is a statue called physical control, meaning you’re in control of the vehicle, but there’s no operation involved.

Whether you take the test or not, it goes back to the same bifurcation that took place talking about the DUI itself. You have the per se limit and you have the impaired limit.

If the officer either gets you to blow into the machine where it gives a positive result, or, based on the officer’s training and experience he’s of the opinion you’re impaired, you can be charged with physical control in either situation.

Quite frequently the court will give you the same penalties as a DUI: the three‑day program, a suspension, and fines.

If you are arrested for a DUI, be sure to contact an experienced drinking and driving defense lawyer to explain the ins and outs of this legal process.