I find that this question goes hand in hand with whether or not someone should take a breath test. All of my attorneys are former prosecutors, and all of us agree on what the answer to this question is. To get there you need to be aware of the consequences of your actions and make informed choices. Most people are not aware that they can refuse to take the field sobriety and breath tests.
When you refuse to take a breath test or a field sobriety test you are going to be arrested and face sanctions for the refusal. However, by refusing to submit to a field sobriety test you strip the government of valuable evidence. Most people do not realize that after they have taken, and failed, a breath test that they have actually been charged with two forms of DUI. The first form, and the form that relates to the field sobriety tests, charges you with being under the influence and has nothing to do with your blood alcohol level. The second form is for being over the legal limit.
If you refuse to submit to field sobriety tests and the breath test the minimum punishments that you face on these types of charges will literally double and you will face a longer administrative license suspension. However, you need to make the decision as to what is more important to you. Do you take all of the tests and provide the government with evidence to be used against you? Or do you refuse to submit to all of the government’s testing, and fight your case in court knowing that if successful you may be able to avoid not only the penalties for conviction but you may beat all of the consequences associated with a refusal.
Call our Akron DUI Attorney at (330) 752-6706 today for a pressure free, no obligation, consultation. Ask to speak to me, Joe Patituce, regarding your case and I will gladly go through – step by step – with you the facts of your case and how we can help put your life back in order.