In California, “implied consent” pertains to the required participation
in a blood, breath or urine test in order to determine your blood alcohol
content (BAC) level. Refusing this test will automatically lead to the
suspension of your driver’s license for one year. However, if you
are asked to perform one or a series of field sobriety tests (FSTs),
you are able to refuse. So why is that the case?
The truth is, FSTs are standardized tests utilized by law enforcement to
gather information about your level of impairment and evidence of a crime.
Whether you pass or fail depend on the arresting officer’s personal
opinion, making these tests significantly subjective since there isn’t
a universal, measurable scale to prove a person’s condition. In
addition, these tests can be difficult to perform for those who are overweight,
over the age of 65, and have a back or leg injury.
Keep in mind that if you do refuse to participate in an FST, the officer
may consider you are hiding something and continue to detain you until
he has validated his probable cause. If the officer asks you to perform
a blood, breath or urine test, you have no choice but to participate.
Contact our firm today for more information about DUI or to schedule an appointment.