Can a person refuse to take a sobriety test if they are stopped by a police officer?
Yes, a person in California can refuse to take a sobriety test if they are stopped by a police officer. Under state law, a driver is not required to submit to a blood alcohol concentration (BAC) test or other sobriety tests. This includes tests that measure your reflexes, such as the walk-and-turn and one-leg stand tests. However, if a driver refuses to submit to a BAC test, they are subject to a longer suspension of their license and other additional penalties. The police can use this information to make an arrest. If a driver has exhibited signs of intoxication, such as slurred speech and poor balance, they could be arrested on suspicion of driving while impaired. However, an officer must have reasonable suspicion that the driver is impaired before making an arrest. In addition to the penalties for refusing to submit to a sobriety test, if a driver is convicted of a DUI in California, they face stiffer penalties than someone who does not refuse the test. Refusing a test can lead to a longer license suspension, higher fines, a longer jail sentence, and other consequences. The best practice is for drivers to comply with a sobriety test if asked by a police officer. If a driver has a BAC level lower than the legal limit and is not impaired, they can rest assured that their results will support that fact. Refusing a sobriety test could put them in a more difficult position with the law.
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