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If someone refuses to take a field sobriety test would the Officer still arrest you for DWI anyway?
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If someone refuses to take a field sobriety test would the Officer still arrest you for DWI anyway?

Any Police Officer's out there to give advice on that?? If someone refuses to take the test on the side of the road, would you still arrest that person? How does that work?


    




kp.yi
If he has a reason to believe that you are drunk and dangerous to drive, he has the right to arrest you and take you off the road and he should to, immediately.
You think someone who says no to the sobriety test can happily stagger back to the car and drive away?
Refusing the test is admitting guilt!



davidmi711
Yes, they are still arrested. If they refuse a breathalyzer they will lose their license for some amount of time.


Dan the car man
In most states YES
And the refusal will get you a 1 year suspension all by itself


KIRA
yes if you refuse to do any sobriety test you are automatically placed under arrest for DUI


To ∞ N-Beyond
Rating
yes sir


LeAnne
Rating
In Maine, a refusal to take a breath test is an admission of guilt - and you will be arrested and you will be found guilty in a court.


David H
Rating
Yes, he will arrest you for suspicion of DWI. You will then have to take a chemical test to establish if you have any intoxicating substances in your system. You are not required to take field sobriety tests, but if you refuse it is a virtual guarantee that you will be arrested. You must take the chemical test if it is requested.


show clock
Rating
Yes, because operating a motor vehicle gives 'implied consent' to a Breathalyzer. (even though you still may refuse)


badblu97
Rating
In Florida, most likely yes. The field sobriety is not a crutch, as in they do not necessarily need it to convict you in court. Regardless of what your friends say!


Mike K
They will do a blood test and find out


Jesse J
You are being arrested on suspicion of DWI. This is all based on the officers observation. The observations being slurred speech, glassy eyes, swaying, and a strong smell of an alcoholic beverage or visual evidence of drugs or alcohol in the car. They don't need for you to submit to the field test. My advise is just to take the test. The officer will just arrest you anyway so why not try and pass.


Who-Me?
Rating
I'm a police officer and I arrest if you refuse the roadside maneuvers. I will base my probable cause on my observations, your driving, your appearance, how you act and smell. I arrested a guy a couple of years ago, he said his uncle was a cop and told him to always refuse the roadside. Stupid advice if your not drunk. This guy refused the breath test also, lost his license for 6 months and still hasn't gone to trial. I guarantee he has paid his attorney thousands by now. If your drunk you give the officer more PC for the arrest, if your not, you give the officer the assurances that he can let you go without you killing someone.


♥ ☺ Sorry... I'm a girl! ☺ ♥
Rating
You have to...

ESPECIALLY if you have a Commercial Drivers License (CDL)

If you get pulled over and refuse a test, even if you are 1000% sober, they will take your CDL away from you.



C_Millionaire
Rating
of course you'll get arrested, or at the very least taken to the station to take a sobriety test there. and most, if not all states revoke your license for 1 year just for refusing to take a field sobriety test, regardless of whether or not you eventually pass it


DV8
Rating
Yes, it's probable cause. Why else would you refuse if you weren't going to fail?


onestep_42
If the person is suspected to be intoxicated police officers are within their rights to arrest and take back to the station.

I believe however that it is mandatory by law to comply with this request if a reasonable suspicion has been determined.


Ding-Ding
Yes. In California, however, you can request a blood test in place of the breathalyzer. Many times a person has had one drink and the officer can smell it on their breath. If you know you need just a few more minutes you can request a blood test at a nearby hospital. If there is a hospital within 6 miles of you and the officer, he has to take you there. DO NOT TAKE A BREATH FRESHENER BEFORE THE BREATHALYZER TEST! It will raise the score!

I have told my son to carry a camera in his car in case of an accident and it served him well. He was picked up for DUI and the officer refused to take him to the nearest hospital for a blood test. He took a picture of the officer's car and the mile marker post. When he went to court he had the pictures to prove they were within 1/2 mile of a hospital and the DUI was dropped.

Check out your local state laws on DUI on the internet. They don't tell you all the tricks of the trade, but you will get a good idea what the state is looking for in a DUI conviction.


Hotti Chica
Rating
they wud arrest u and bring u to the police station


Al Bundy
Rating
Yes, in most states refusing to take a sobriety test or at least a breathalyzer is the same as DWI.


Patrick G
Yes. Refusal to submit is considered an admission of guilt. Read your driver's handbook.


cricket
if an officer has reason to believe that the driver is under the influence they will arrest the person if a sobriety test is refused however it will help the person once they go to court


Glockwork
If you are confident that you will fail it, refuse to take it. Tell them you won't talk until you speak with a lawyer.


mental
Rating
you have to take the test as far as i know


krisvanhorn83
Rating
I never heard of a DWI....
If they have probable cause then yes they could book you for dui


#1 Beeotch
No, but depending on the state...in California it's an automatic 1 year suspension of your license...but if you are drunk...don't do the test!!!


Penguin
So, I should get arrested if someone refuses to take a field sobriety test.


ed9455
Rating
Yes you can still be arrested but wont get convicted of DWI.
In Texas you will still lose your license for 6 months i think for refusing .


Rick W
good chance


informationlouisgreen
In Michigan a refusal is the same as being DUI. However if you way over the limit it may be a good choice.





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