Can I Refuse to Perform a Sobriety Test in California?
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Can I Refuse to Perform a Sobriety Test in California?

Many people know that when a police officer pulls them over because they are suspected of drinking and driving, they will likely be asked to perform a sobriety test. But can you refuse to take that test?

The team at Crowell Law Offices is committed to ensuring your rights are respected and upheld at all times. We’re here to help you understand what your rights are when you’ve been pulled over under suspicion of drinking and driving.

 

When You Can Refuse

In California, if you have been pulled over but not arrested, you can refuse a chemical test. However, if you refuse to take a field sobriety test when you’ve been pulled over under suspicion of driving under the influence (DUI), you may inadvertently give a police officer grounds to arrest you.

If you are arrested without having taken a sobriety test, hiring a DUI defense lawyer will be crucial as you try to prove why you should not be charged with anything.

 

When You Can’t Refuse

It would be easy to assume that you can always refuse a sobriety test in California, but that’s not exactly the case. There are some circumstances in which you can be required to perform a chemical test—or face punishments.

Technically, you can refuse to take a chemical test after you’ve been arrested in California. However, you will lose your license for at least one year. Refusing to submit to a sobriety test also gives police the right to hold you for forty-eight hours.

These punishments stand even if you are later cleared of any DUI charges. Also, the charges become much more severe if you are convicted of DUI.

 

Speak with an Attorney

You can refuse a sobriety test in California, but you might face some penalties as a result. To fight those penalties or a DUI charge, get in touch with a DUI lawyer at Crowell Law Offices.

To schedule a consultation, give our office a call today at 916-303-2800 or fill out our online contact form at the bottom of the page.