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Do I Have the Right to Choose My Sobriety Test?

Whether it is a field sobriety test or BAC test, our Ventura DUI attorney at The Law Offices of Robert F. Sommers is often asked if a person has the right to choose which test to take. The following post will detail your options in the event you are asked to take one of these tests.

You Do Not Have to Submit to Field Sobriety Tests or Preliminary Alcohol Tests

Before an arrest is made, field sobriety tests (FSTs) and preliminary alcohol tests (PAS) are used to determine whether or not a person is operating a vehicle under the influence of alcohol or drugs. It is important to understand that you have the right to refuse FSTs and PAS.

If a police officer asks you to take an FST or preliminary breath test, always be polite and say, “on the advice of my counsel, I elect not to participate in any field sobriety test.” In most cases, these tests should not be agreed to since they provide police with evidence against your case.

If Arrested, You Need to Choose Between a Blood or Breath Test

If you obtain a California driver’s license, you automatically agree to submit to any chemical test for DUI if required while you are driving under that license. If you refuse to submit to either a breath or blood test, your driver’s license will automatically be suspended.

But if you are arrested for a DUI in California, you have the right to choose which chemical test to take. If one of the tests is unavailable, however, you are required to take the other available test.

If you only had one beer, glass of wine, or a relatively mild drink, your blood alcohol will often be under .05% which is not enough to arrest someone for DUI, so a breath test would be best. If you’re sure you are below .08% or if it has been less than an hour since you’ve finished your last alcoholic beverage, choose the blood test.

Recently arrested for a DUI in Ventura County, CA? Contact our Ventura DUI attorney at The Law Offices of Robert F. Sommers and request a free consultation today.