If you quizzed the average motorist on which DUI tests are mandatory and which are optional, you’d probably hear some different answers. It is safe to assume that a vast majority of the motoring public would believe that ALL tests administered by police officers are mandatory. For most people, when a patrolman pulls them over, the blood pressure rises and they’ll do just about anything the officer asks – even tests that are completely voluntary.
Let us be clear here – there are a number of tests administered by the police at a DUI checkpoint and stops that are 100% optional.
So what is the difference? How can I tell which tests are optional and which ones are mandatory? When it comes to optional tests, officers must inform you that you DO NOT have to take part in the test. It is up to you. Keep in mind, that if an officer asks to administer a test, they have in all probability made up their mind about your condition. The tests will only be used to further confirm their suspicions. The following are some of the tests that you are NOT required to undertake:
- The Horizontal Gaze Nystagmus Test
- The Walk and Turn
- The One-Legged Stand
- The Alphabet Test
- The Rhomberg Balance Test
- The Preliminary Alcohol Screening Test
From this point, an officer may choose to arrest you under California’s “implied consent law.” You would then move onto the chemical evaluation, which you would be given an option. These tests fall into the mandatory category and are required by law. If you refuse to take a chemical test following your arrest, you could set yourself up for a considerably harsher punishment. Some of the tests that fall into the mandatory category include:
- Blood test
- Urine test
No matter which test you choose to take or the eventual outcome, you’ll need a strong DUI attorney to help you avoid further complications. Contact Criminal Defense Incorporated to begin building your case.
You can reach us today at (800) 458-1488.