Can I Refuse to Take a Breath Test or Field Sobriety Test in California?

The breathalyzer test we are talking about is what is called a presumptive test that is administered by a small hand held machine that is supposed to be able to estimate the amount of alcohol in your blood system after one breathes into the machine. There is no such machine that is currently used by law enforcement if they suspect drug use. This breath test is presumptive because is not considered reliable enough in it’s results by the courts to be used as evidence in court of impairment due to alcohol consumption. It’s only purpose is to help the officer in the field to make a determination if he or she should arrest you for DUI.

The field sobriety tests are various memory, balance and coordination tests given to a DUI suspect by a police officer that again, are not credible evidence that you are under the influence of a drug or alcohol in violation of the law as they pertain to safely driving a vehicle on the roads of California. They too are supposed to be used to just help a cop make a decision as to whether he or she should arrest you for being DUI.

Yes, the officer can—and likely will—ask you to perform Field Sobriety Tests (FSTs). These aren’t as standardized or scientifically accepted as those for alcohol, but they’re still used as evidence in court.

If you’re arrested, a blood test may be taken. But unlike alcohol, there’s no legal threshold amount of THC that automatically proves impairment in California. Since marijuana can stay in your system for days or weeks (depending on usage and your body), a positive blood test doesn’t necessarily mean you were high while driving.

With the above explanations in mind, an answer to the question as to whether can refuse to take these tests can only be given if you first understand that the timing of the request to take the tests is a very important factor.

In the Coachella Valley and in the State of California the laws are the same as to when someone is required to submit to or whether they may decline any tests that the cops may demand of you.

First, lets look and the common circumstances that may exist that could lead to these tests. If one is stopped by a police officer while driving a motor vehicle or has been involved in a traffic accident and the officer has some suspicion that the person stopped or detained at the accident has been driving a motor vehicle while under the influence of alcohol or drugs or both, that officer is detaining you. You are not free to leave. You are not under arrest yet, though. This distinction is important under the law. Being detained by a cop is not voluntary on your part. But, you are not legally obligated to take any tests that the cop says he or she wants you to do while you are being detained. The law is clear that if the cop is just investigating whether a crime was committed and he or she has a suspicion that you may have committed that crime, then any test that cop says he or she wants you to do is completely voluntary on your part as to whether you do the test or not. You may say that will not do the tests and then it is up to the cop to decide, based upon what he suspects up to that point, whether he or she will arrest you for DUI.

If you are then placed under arrest, then you are obligated by law to submit to a blood draw or an evidentiary breath test to determine the amount of alcohol in your blood system. This breath test is admissible in court against you because it is performed on a machine that is supposed to be more accurate and reliable in its result. If you refuse to do either of these tests after you are actually put under arrest, then your license to drive may be suspended by DMV and/or the court.