What happens if I refuse a field test?

Question

Recently I was pulled over while driving late at night under suspicion of being under the influence of alcohol. I do not drink, however, I do admit that I had a very small amount of marijuana on me and that I smoked a little bit about 45 mins prior (please save me the lecture). The officer pulled me over because he said that I was "swerving and going 15 under" even though this wasn't true. What actually happened was that I was the only car on the road and there was another car about a football field behind me for about 4 miles. Occasionally it would change over into the same lane as me but then right away I would get into the other lane afterwards. I was getting very sketched out but did not yet know it was a cop. Finally we were getting close to the end of the road and I was about to turn at the left turn light, which was green, and then he pulled me over. The officer said I looked "a little off" and became suspicious of alcohol. *See additional details below (not enough characters left)*

The officer then told me to do a sobriety test, and initially I told him that that I didn’t have to do it but he then opened my door and told me to get out. This link from an attorney’s website says to never take a field test, http://www.iwantmylawyer.org/what.html. I then told him that I hadn’t been drinking and that I didn’t have to do any tests, but he then asked “Well then how will I know you haven’t been drinking?” so I gave in and he then had me look at his finger and follow it while he moved it around. After I complied he let me go without any tickets and was actually very nice afterwards (he said that he just wanted to make sure I wasn’t driving drunk, which I totally understand). I know you don’t legally have to take any tests except for a blood test at the station, but since I had pot on me that was the last place I wanted to go to. What would have happened if I had refused to do his tests?

Could he have arrested me for anything if I refused? If I had said that I agree to take a test at the station, would he have searched and handcuffed me before taking me in?

I apologize, this is the correct link,
http://www.iwantmylawyer.org/what.html

Answer 1

Well you were very lucky. I am not going to say what happens if you refuse the test, because you did not state which state you were stopped in and every state is different.

However, the Officer that stopped you missed the perfect opportunity to throw your dumb@$$ in jail. Marijuana gives off a distinct odor. Any Officer on the street more than a year will know this odor. That alone would have given him probable cause enough to search you. Marijuana also makes your taste buds on your toung raise up and your toung turn a a yellow green color. This is a dead give away that you have been smoking Marijuana and that you might not be intoxicated on alcohol, but narcotics instead. The following the finger with your eyes is one of the standard test for Field Sobriety called the Horizontal Gaze Nystagmus. There is another finger/eye test called Starbismus which checks for non-convergence in the eyes. If a person shows to have non-convergence then it is most likely that they are under the influence of Marijuana. With the odor (and the Marijuana the officer found during his search due to the odor), the raised taste buds, red blood shot eyes, non convergence, and the traffic violations he observed, I think the officer could have made a pretty solid case against you.

Next time do as DA told you and keep yourself at home.

Answer 2

The laws are a bit different in each state, but every state has what is called an "Implied Consent Ruling." This is a law which states that by the simple act of operating a motorvehicle on the roadways (public or private) in the state, you have given your consent to submit to a test of your blood/breath/uring for the purpose of determining the presence of alcohol or drugs when asked to do so by a police officer. A refusal to submit to this test is a separate criminal offense for which you WILL be arrested and tried. The state of issue of your license - or whether you have a license at all - is not an issue, because the law is worded to apply to anyone who simply "operates a motor vehicle" in the state.

The test you're talking about, however, is NOT covered under this law. You're talking about a Field Sobriety Test, which is NOT a mandatory test in any state in the nation. You absolutely have the right to refuse the Field Sobriety Test; however, the police officer absolutely has the right to continue on with his process of determining whether or not you're intoxicated on either alcohol or drugs.

The catch is this: if you refuse the Field Sobriety Test, the next step for the officer is to advise you of the Implied Consent Ruling and ask you to submit to a chemical test. If you refuse that, you're going to get arrested for a violation of the Implied Consent Ruling, and the first thing the cop is gonna do is take you to the hospital and have them draw a sample of your blood for analysis. And yes, that is perfectly legal - it's called "gathering evidence."

Trust me, you do NOT want a blood test! Breath tests measure alcohol by tenths of a percent; blood tests meassure it by HUNDREDTHS of a percent and are MUCH more accurate!

I'd say you were lucky that your performance during the Field Sobriety Test didn't indicate a higher amount of intoxication, or you now know what would have come next. It's also a good thing that you submitted to the Field Sobriety Test for the same reason - you now know what would have come next.

And, since by your own admission you were a bit high, I have a feeling the results of the blood test would have been disastrous for you.

Next time, don't drive stoned. Or drunk.

Answer 3

The police can't do anything if you refuse to take a field test or portable breathalyzer...I've been told the smart thing to do is refuse field sobriety tests, refuse the portable breathalyzer, and demand that if they are going to detain you, they take you to the hospital for a blood test. Now, in your case, this would not be smart because of the marijuana. Either way, most states have an "implied consent" law which essestially says if you are going to enjoy the privilege of using public roads, you've agreed to submit to testing if there is probable cause to believe you are intoxicated. That's where the field testing comes in: it provides probable cause for the police to deatin you and investigate further.

As far as our libertarian friend Gem, I challenge you to ask the family of the lady in Murray, KY whose killer's trial just ended what they thi8nk of our DUI laws. Harrison Yonts left a party so drunk that after he hit this grad student, he didn't even slow down and continued home. He'll be spending the next 17 years in jail over the ordeal, but the victim is not going to heard from anytime soon.

Answer 4

If he had reason to believe you were impaired, which he well could've had from the marijuana, you would be arrested for DUI. After you get to the old Gestapo headquarters, you marijuana is found and you are up the creek without a paddle.
If I had reason to believe someone was possibly impaired, did nothing and cut you loose to have a wreck down the road, I'm liable. The only way you got out of the arrest was you were able to pull yourself together and pass the horizontal gaze nystagmus test. This test looks for the involuntary twitching of the eye while pursuing the object (in this case his finger) which shows your fine muscle coordination is impaired (a sign of DUI).
I kinda wish you had failed it in a way so maybe you wouldn't do this before you drive.
The way I look at it is, if you can tell me in all honesty you wouldn't mind an eye surgeon doing surgery on you while he was high, then I guess keep driving that way. But, you are in charge of a 2,000 plus pound potentially lethal object and you ought to know better.

Answer 5

Your refusal could be enough to detain you. If the officer believes you have been drinking for whatever reason (he will be able to say in his report why he believed this, trust me), your refusal just strengthens his beliefs. You can be detained, but not arrested, and brought to the police station and made to take the breathalizer. You must take the breathlizer if ordered to. If you refuse that, your liscense is taken away for 6 months just for refusing, even if you're completely sober. Then, they can get a warrant to have blood drawn.

All of this can be avoided by the field sobriety test (if you are in fact sober). If you are sober and you mess up the sobriety tests, not to worry. The sobriety tests and even the portable breathalizer are not enough to bring charges on you. They are simply enough to bring you in to take the real breathlizer at the station, that is the ultimate test to determine if you will get popped with DUI charges.

Keep in mind, this is all based on Michigan law, your state may vary but I'm sure its pretty similar.

Answer 6

Well, if you refuse your automaticly charged with D.U.I in the state of Ohio. A refuseal is an automatic arrest and you'd be serched and cuffed. And because you don't have the results of the field test to prove you weren't drunk you'd be found guilty. And since you had smoked the jane you were under the influence of an intoxicant that stays in your system for a month after you smoke it unlike booze that passed in about four hours. The truth of the matter is that you are guilty of a crime and you should be going to jail for a long time as well as have a felony on your record. And if that cop let you go he needs to be discaplioned for letting a dangerous driver just drive off. So that lawyer was wrong to tell you that. It's better to take the test and refute the results than to refuse the test.

Answer 7

If you refuse a field sobriety test in Michigan, you will be arrested and taken in for blood testing.

Since marijuana stays in your blood for up to 30 days, you would be a lunatic to refuse the field test if you haven't been drinking. In my stupid state the penalty for marijuana in your system is the same as both possession AND driving under the influence.

Generally I never drink and drive. But due to the stupid laws here if pulled over I will blow in the dumb test versus getting the rap for b.s.

Drunk driving & drug laws suck. You are being arrested for committing a crime which hasn't occured, but it is the way our country chooses to deal with these issues.

America home of the mommy & daddy government, where freedoms and personal choice are just a dim past memory.

Answer 8

DUI is DUI, DRIVING UNDER THE INFLUENCE? Ring any bells? As you admitted to you were under the influence of a narcotic, if you had any integrity you would have admitted to the officer you were under the influence, but you were a coward. You then proceeded to place the general public at risk of serious harm or even death had you gotten ito a car accident. Then you would have been taken to hospital, your blood removed and you found to be under the influnce of a narcotic, then charged with manslaugter or aggrivated assault with a vehicle, boy were you fortunate, next time you smoke have something to eat and go to bed, dont drive a 2000pound vehicle.

Answer 9

Yes, when you drive there is a complied consent, that you will take the test, if you don't you can be assumed guilty.

So if you refuse to take the test they can take you into custody and give you a chance to take a test at the station either breath or blood. If you refuse you will can still be charged under the indicators that the officer saw.

But you will lose your license automaticly suspended for refusing to take the test.

Police love you to refuse, it makes thier job easier.

Answer 10

Depends on the laws in your state. In some states you sign away your rights to avoid a test each time you get your latest license renewal.