Casselberry, FL asked in DUI / DWI for Florida

Q: Does an officer have to get ur permission to perform sobriety test

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1 Lawyer Answer
Jonathan Blecher
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  • DUI & DWI Lawyer
  • Coral Gables, FL
  • Licensed in Florida

A: When you say "sobriety test", I'm not sure if you mean physical exercises or breath, blood, urine tests.

Officers will try to get you to perform the PSE's and don't ask for permission very often...they just sort of roll into it by saying something like, " I smell alcohol on your breath. We're going to do some exercises to prove to me that you're OK to drive". They don't ask for consent, nor do they have to. However, you can say "no, I don't want to do those" and they can't force you to. However, they must advise you that your refusal to submit to the exercises can be used in court against you.

Chemical tests are a different issue, because there are statutes and case law that govern those. In some situations, officers request a breath or urine test (and you can refuse, with consequences). In some situations a blood sample can be drawn involuntarily (unconscious, serious bodily injury or death).

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