If an officer stops you and requests that you take one or multiple sobriety tests, you have a choice.  You do not have to take the balance, coordination, or mental field sobriety tests such as the one leg stand, the walk and turn, and the horizontal gaze nystagmus test.  You should always decline to take these types of tests.

The officer will usually also ask you to take a breath test by the side of the road.  Typically, the officer uses a hand held machine for the breath test.  This is called a preliminary breath test.  This test is also optional and you should always decline to take this test.  If you are under 21 years old, you must take the preliminary breath test.

The officer is supposed to give you a choice of either a breath, blood or urine test at the police station or qualified health care facility.  If the DMV and/or prosecution prove that you refused to take any type of mandatory chemical test, you will loose your license for a year on a first offense.  The issue of refusal will also be used against you in Court.  Therefore, unless you will be immediately terminated from your employment for merely having a chemical test result above .08, you should take either the station bench breath test or a blood test.  Urine tests are usually not available.  

If you choose to take the test(s), the information obtained may prove your innocence or be unfairly interpreted towards a DUI conviction. If you choose not to take the test(s), you may lose your California drivers license for twelve months or longer.

Either way, don’t hesitate to call me.Call DUI Terminator, Kenton Koszdin at 800-Kick DUI.

This is a serious issue and I know precisely how to help. If this is your first DUI arrest, I strongly recommend cooperating. Keep in mind; I’m an expert in these matters and I’m familiar with many ways to fight the results of any sobriety test.

If you do choose to cooperate via a breath or blood test and your BAC is over 0.08%, the statutory limit in California, the law enforcement officer can legally confiscate your drivers license until the matter is resolved. You will automatically receive a 4-month drivers license suspension, but you can request a DMV hearing within ten days to challenge it.

Once you’ve retained me, I will file a request for a hearing on your behalf. Don’t wait! You only have ten days to file. Please bring any documents you received explaining the hearing process with you to my office. Once I’ve requested a DMV hearing on your behalf, your drivers license will remain valid until after a final decision is made at the hearing.