What is a “total refusal?”
A total refusal is a situation in which a person refuses all field sobriety testing and all chemical testing (breath and blood tests) for intoxication.
Are total refusals legal?
Yes. You have a Fifth Amendment right to not incriminate yourself.
So I refuse all tests. Then what happens?
Very likely, the police officer will then arrest you. S/he will indicate in the probable cause affidavit and offense report that there was “probable cause” to arrest you for DWI based on what s/he observed prior to arrest – your speech, driving, walking, etc. However, you have prevented the police from obtaining any further evidence – all the testing is typically videotaped and used in your prosecution.
Legally, what do I have to do in this situation?
If requested by the officer to get out of your car, you must do so. You must also report your true identifying information – that which is on your drivers license. |
