Just since you have thought that to be the law, does not make it so. If you would kindly read what I said, I stated what you had to do and need not do. If you are asked to provide one, yes you must, regardless, if there is no reasonable cause, the test is inadmissable in a court of law, and thus your results from it would be negated
Learn the law.
Junior, I'm sorry to hear about this.
In regards to DWI's, field sobriety testing, and the like... I can only speak of Texas laws and penalties.
- Should a driver do any field sobriety tests? The officer making the request will have reasonable suspicion that you may be intoxicated to ask in the first place. If you refuse, you may be arrested for further investigation at the jail where a breath or blood test may be requested. You also may be released.
- If I have a driver that I suspect may be intoxicated that refuses all field sobriety tests, they get arrested. I will not be subjected to the civil liability of releasing someone that may be intoxicated. If I release that person and that person has a crash, guess who gets sued? Me. The community care taking standard will protect me from a civil rights lawsuit for false arrest if the driver seeks such remedy.
- Do I have to submit a breath or blood specimen? It depends on the state and/or county. Most jurisdictions require notification to the suspect of the consequences of refusal. In most Texas counties, if a person refuses to submit a breath specimen, a search warrant for blood is applied for, and almost always granted. If the DWI is a felony grade, such as 3rd or more/child passenger/injury due to a crash, then a blood draw is mandatory.
- Remember, most states' definition of "intoxicated" has more than one possible requirement. Either a person has lost the normal use of his/her mental and physical faculties, or a person has a statutorily prohibited amount of alcohol in their system.
- A person can show 0.03 b.a.c., but they can still be charged if they exhibit the loss of mental/physical faculties. If you can't perform the field sobriety tests, you certainly can't drive. Additionally, drugs mixed with a low dose of alcohol is always a consideration.
- There is no time limit on how long I have to request a specimen. It may take me three hours to wrap up a crash investigation and get to the hospital to interview a driver. If I suspect they were intoxicated at the time of the crash, I ask for blood. Using retrograde extrapolation*, an accurate b.a.c. for three hours earlier can be obtained.
- I wouldn't listen to any internet attorney that advertises a service when they tell you to "refuse everything".
- Know your rights, know the consequences of refusal.
- That's all I can think of right now...
* Retrograde extrapolation is a mathematical process, based on sound scientific principles, that is used routinely in pharmacology, toxicology, and clinical medicine. This process may be applied to the situation of ethyl alcohol consumption with reliability when reasonable assumptions are made concerning absorption rates, elimination rates, and patterns of alcohol consumption, including drinking duration and volume consumed. By utilizing an established range of values for the elimination rate of alcohol of 0.015-0.020 g/dl/h, a relatively narrow range of extrapolated blood alcohol concentrations (BACs) can be determined in situations where the time frame in question is after peak alcohol absorption into the blood. A wider range of elimination rates of 0.01-0.03 g/dl/h may be applied and will satisfy the possibility of nonlinear kinetics within an individual; however, this wider range will have little practical effect on the predicted BACs. When the time point in question is prior to peak absorption, a wider range of predicted BAC values will result. The extent of this range will be influenced by the amount of information available concerning the temporal pattern of alcohol consumption. Reported drinking volumes are notoriously inaccurate and, in fact, are of little practical use. Given the parameters of body weight and time duration between initiation of drinking and determination of the BAC, the number of "drinks" consumed may be reliability calculated. Retrograde extrapolation is applicable in the forensic setting with scientific reliability when reasonable and justifiable assumptions are utilized.
I AM NOT AN ATTORNEY AND THIS IS NOT LEGAL ADVICE. I AM NOT LIABLE FOR MISUSE, MISUNDERSTANDING, OR MISQUOTING ANYTHING WRITTEN HEREIN.