If a police officer asks me to get out of my car and do these roadside drunk tests, do I have to do them?

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No. There is no legal requirement that you do these “roadside sobriety tests,” which they now call “field sobriety exercises” – since the Supreme Court disallowed “tests.”  You cannot be arrested for the separate offense of “refusal to obey police officer,” for exercising your legal right to refuse to perform these “tests” or “exercises.” If you are arrested, it will not be a consequence of your refusal to perform these tests; it will be for the offense of DUI –for which you were going to be arrested by the same officer anyway!


About the Author:

John M. Castellano is a Fort Lauderdale criminal defense attorney who has helped thousands of clients throughout Florida. While building a reputation as a premiere Fort Lauderdale DUI attorney, Mr. Castellano has worked tirelessly to develop strategies to best protect the rights of those arrested for DUI in Broward, Dade and West Palm. However, Mr. Castellano is not just a drunk driving lawyer. He has been a successful domestic violence attorney, drug trafficking attorney, as well as all other Felony and Misdemeanor cases.