Police may soon be armed with marijuana breath test

“All Field Sobriety Tests are VOLUNTARY, NOBODY is ever required to take one. Nor is anybody required to blow in a hand held device in the field, it also is VOLUNTARY.”

Driving licenses in California are a privilege, not an absolute right. One condition is agreement to allow sobriety tests.

Refuse a test, lose your license. that simple.

Licenses can be revoked by the courts, by the licensing department or both.

In addition to alcohol, impairment can come via prescription drugs, cocaine, heroin, amphetamines, peyote, marijuana, etc.

I am not aware of the scientific research to prove the levels of impairment metrics, test procedures, etc.

And as I wrote, in California your license can be revoked, suspended by either the courts, or the DMV-administratively or both.

When you accept your license, you sign a binding legal contract, which states that if you refuse a sobriety test, your license can be revoked, administratively.

I already know this without google. Your citation regards the legal-court side of license loss.

Most DUI attorneys specialize, and would advise against sobriety testing. They get a case and $thousands of your money, and you get your license revoked administratively by the DMV.

But hey, why not go for it? If you are drunk, you will eventually lose the license BOTH ways.

I would expect the sentencing judge to be more harsh with those who refused the tests.

You seem to have a hard time understanding the difference between a “Field” sobriety Test and a chemical or breath test administered after arrest either at the station or the hospital.

A Field Sobriety Test is given before arrest in the FIELD, that means it is given at the time and place you are initially pulled over or stopped, and is 100% Voluntary, and it CANNOT be used against you for refusing.

A Breath or Chemical Test is Given After Arrest either at the Police Station or the Hospital and it is a requirement of your privilege, if you refuse either they will suspend your license.

I didn’t realize you were on Probation for Drunk Driving, because if you are on Probation for Drunk Driving then the Field Sobriety test is REQUIRED. My advise is to try staying sober before you drive next time.

23154. (a) It is unlawful for a person who is on probation for a
violation of Section 23152 or 23153 to operate a motor vehicle at any
time with a blood-alcohol concentration of 0.01 percent or greater,
as measured by a preliminary alcohol screening test or other chemical
test.
(b) A person may be found to be in violation of subdivision (a) if
the person was, at the time of driving, on probation for a violation
of Section 23152 or 23153, and the trier of fact finds that the
person had consumed an alcoholic beverage and was driving a vehicle
with a blood-alcohol concentration of 0.01 percent or greater, as
measured by a preliminary alcohol screening test or other chemical
test.
(c) (1) A person who is on probation for a violation of Section
23152 or 23153 who drives a motor vehicle is deemed to have given his
or her consent to a preliminary alcohol screening test or other
chemical test for the purpose of determining the presence of alcohol
in the person, if lawfully detained for an alleged violation of
subdivision (a).
(2) The testing shall be incidental to a lawful detention and
administered at the direction of a peace officer having reasonable
cause to believe the person is driving a motor vehicle in violation
of subdivision (a).
(3) The person shall be told that his or her failure to submit to,
or the failure to complete, a preliminary alcohol screening test or
other chemical test as requested will result in the suspension or
revocation of the person’s privilege to operate a motor vehicle for a
period of one year to three years, as provided in Section 13353.1.

I already knew the law, but here it is just in case you actually wish to learn something. Usually the only kind of person that says the Field Sobriety test is REQUIRED for EVERYONE is a Cop. Most of the time they will Threaten Arrest for Refusing a Field Sobriety. In the Legal World we call that FELONY EXTORTION. Threatening Criminal Action in a Civil Case or where there is No Articulated Reasonable Suspicion that a crime has been committed.

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