What happens if you get a DUI:

The roadside test

If you are stopped by a police office and are suspected of being under the influence of alcohol or drugs, the police officer may ask you to take some field sobriety tests including heel-to-toe, finger-to-nose, one-leg stand, an eye test called “horizontal gaze nystagmus test, alphabet recitation and others.

You are not required to take any of the roadside tests. There is no penalty for refusing to take these tests and if you are arrested for DUI after taking the tests, the evidence will be used in your prosecution.

The police officer may also ask you to take a preliminary breath test (PBT) prior to taking you to the police station.  Again, you are not required to take the preliminary breath test.

If a law enforcement officer has probable cause to believe a DUI offense has occurred, he/she may arrest you and require you to undergo further evidentiary testing of your breath, blood or urine.

However, before the additional testing is performed, the police officer must read the implied consent advisory statement, which explains that the additional testing is mandatory, test refusal is a crime and you have the right to CONSULT WITH AN ATTORNEY BEFORE TAKING THE TEST.

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