2 part question. I am going to trial tomorrow and have not even been able to contact my public defender can i continue the trial or do something else? 2) if you pass a field sobriety test on the report the officer filled out should you be forced into taking a breath or blood test? It says on the report Field Test....yes/refused.. i said yes then it says Results...passed/failed and the officer checked the passed box. Why would I have to go further if the test were passed. He then said if I don't take the breath test he will take me to jail. Is that blackmail or intimidation?
1 Answer from Attorneys
Re: dui arrest
The officer is not bound by the results of the field sobriety test. If he has other probable cause he can still ask for you to take the test with the option of a forced test at the jail if you decline to take it.