mandatory vs. voluntary dui tests

Which DUI or Sobriety Tests must you submit to when detained by Law Enforcement Officers in San Diego County? This page addresses the rights of California drivers OVER the state's legal drinking age of 21 years or older, and those who are not bound by a a specific court or special order.

field sobriety tests are 100% voluntary for drivers over 21

If you are detained at a sobriety checkpoint or singled out and pulled over by a police officer in California, and subsequently asked to step out of your vehicle and begin following directions to walk and turn, stand on one leg, retrieve coins from the ground, pat or clap your hands, count numbers in reverse, estimate elapsed time, touch your hands to your nose, follow a pen with your eyes, or recite the alphabet, you do NOT need to submit or consent to these roadside exercises.

Research and controlled studies have revealed that in over 60% of field sobriety tests administered, officers mistakenly assessed that completely sober test subjects were under the influence. In summary, even persons who have consumed no alcohol or drugs whatsoever are likely to fail these tests in the officers' opinions.

Field Sobriety Tests are completely voluntary for drivers 21 years of age or over. The police officer's motive for wanting you to perform the roadside gymnastics or acrobatic feats is to build up enough of a case to arrest you, period.

Most experienced DUI attorneys strongly advise that you politely decline roadside field sobriety tests.

handheld roadside breath tests are 100% voluntary

San Diego Police Officers typically administer one of either two types of roadside breath alcohol tests; a Passive Alcohol Sensor (PAS) or a Preliminary Breath Test (PBT), which are used as precursory exploratory indicators preceding an arrest on suspicion of DUI.

Any handheld breath alcohol test administered at roadside prior to arrest is completely voluntary and should be politely declined.

Any roadside test, whether physical or chemical, is not mandatory unless a driver is taken into custody. Once a driver is arrested in California, they are subject to the state's "implied consent law" meaning they must submit to a chemical test if requested by a peace officer. California's mandatory chemical tests are isolated to those tests administered at the police station or medical facility that a driver is transported to AFTER being arrested and taken into police custody.

Prior to arrest, any and all tests are voluntary for drivers 21 years and older and who are not otherwise subject to a specific court order.

Under California State Law, police officers are required to advise citizens that field sobriety and preliminary breath alcohol tests are voluntary. Often times, DUI defendants report that the option or right to refuse to perform these tests is not communicated clearly and deliberately by law enforcement.

answering police questions is 100% voluntary

By law in California, you are only required to verify your identity, place of residence, vehicle registration, and auto insurance coverage. That's it.

You do not need to disclose where you are going, where you have been, what you have eaten, what you have not eaten, what you have been drinking, what you have not been drinking, what you do for a living, or your religious beliefs.

california mandatory bac tests: implied consent

in custody blood or breath alcohol tests

If you are taken into custody for DUI in California, you are subject to the state's "implied consent" law. California's implied consent law establishes that any person who operates a motor vehicle or vessel has automatically agreed to be susceptible to alcohol or drug chemical testing upon request by a peace officer if taken into custody for suspicion of DUI.

Refusal to submit to a blood or breath alcohol test, once arrested for DUI, will result in an automatic suspension or revocation of one's drivers license, and disqualify the person's eligibilty or consideration for a restricted license for a term of one year.

Under current legislation, police must have probable cause to stop a motorist and are not authorized to require a blood or breath test unless the suspect is under arrest or has been involved in a traffic accident.