Is It Mandatory For Someone To Perform The Field Sobriety Tests?

Attorney Myles Berman explains in California, if you are older than 21, you do not have to do the portable breath test before a DUI arrest. Not only do you have the right to refuse but the police officer is required by law to tell you that you have the right to refuse. Of course, if you were under 21, then that’s a different story. If you are also asked to do a field sobriety test, those are completely voluntary at all times. The field sobriety tests that I am talking about are finger to nose, walk the line, stand at attention. I am using common terms for these types of field sobriety tests but they are completely voluntary and our clients performing the field sobriety tests often actually helps us win the DUI cases in court. Sometimes if you are on DUI probation, you have to submit to a portable breath test and again, if you are under 21, it’s zero tolerance, but if you are older than 21, it’s actually 0.08 or greater.

Contact Top Gun DUI Defense Attorney Myles L. Berman serving clients throughout Southern California and he will represent you with the care and attention you expect.