When are you required to submit to roadside testing in a marijuana DUI case?
The answer may surprise you. In this video, Colorado drugged driving defense attorney Jake Johnson explores refusal of field sobriety tests and the tricks police use to force drivers to take tests.
To speak to a Denver DUI lawyer about your DUI defense, call us at (720) 542-6148.
The Standardized Field Sobriety Test that the police offer you when they get you out of your car, you actually do not have to do those. Those tests are voluntary, those are distinguished from, say, a breath tests or a blood test where if you refuse those, there’s negative consequences to your driver’s license. These tests you can refuse and not lose your driver’s license. The thing to watch out for is that, a lot of times officers will try to get tricky and they’ll say if you refuse my tests, you’re going to lose your driver’s license. That’s a misstatement of the law, but they do that trying to get you to do their tests so they’ve got more evidence against you. Particularly with a marijuana case, I would recommend don’t do the tests, resign yourself to the fact that you’re most likely going to be arrested and you’re going to spend a little bit of time in jail until you can get bailed out. The good thing is you are going a long way toward making your case much more defensible.
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