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Danz la Nuit
05-05-2011, 3:41 PM
The driver is required to state if they have been drinking? How does this work if the driver states that he doesn't want to answer any questions under the 5th amendment?

Is the driver is required to submit to a field sobriety test? Can the driver refuse a visual/physical exam and request a blood test? Can the driver also refuse a breathalyzer test and request a blood test?

Is the driver is required to present a drivers license at the checkpoint if asked, even if there is no suspicion of being intoxicated or violation of any other law?

tyrist
05-05-2011, 5:13 PM
You are not allowed to refuse a breathalyzer or blood test.

You still have a 5th amendment right and are able to remain verbally silent. Refusing the Standard Field Sobriety Test will be used against you in court.

E Pluribus Unum
05-05-2011, 5:16 PM
You are not allowed to refuse a breathalyzer or blood test.

God... not this again...


You are only required to take a breath or blood test AFTER a lawful arrest for DUI. On the roadside, the PAS (Primary Alcohol Screening) Breathalyzer is completely voluntary and mere refusal is NOT grounds for arrest.

The plain and simple fact is that absent any other evidence, the police cannot remove you from the vehicle and compel a test.


This was all hashed out here:

http://www.calguns.net/calgunforum/showthread.php?t=140927

E Pluribus Unum
05-05-2011, 5:22 PM
The driver is required to state if they have been drinking?
How does this work if the driver states that he doesn't want to answer any questions under the 5th amendment?

No... we are not required to speak to the police... though at a DUI checkpoint, it is advisable to be respectful, and speak with them in a limited capacity.


Is the driver is required to submit to a field sobriety test?
Can the driver refuse a visual/physical exam and request a blood test?
Can the driver also refuse a breathalyzer test and request a blood test?


No
Yes
Yes

This is until, of course, he is lawfully arrested for DUI. Then he must submit to breath or blood (his choice) or he loses his license for 1 year.


Is the driver is required to present a drivers license at the checkpoint if asked, even if there is no suspicion of being intoxicated or violation of any other law?

Yes.... if he is on the roadway, he is required to show license , registration, and proof of insurance.

tyrist
05-05-2011, 5:58 PM
God... not this again...


You are only required to take a breath or blood test AFTER a lawful arrest for DUI. On the roadside, the PAS (Primary Alcohol Screening) Breathalyzer is completely voluntary and mere refusal is NOT grounds for arrest.

The plain and simple fact is that absent any other evidence, the police cannot remove you from the vehicle and compel a test.


This was all hashed out here:

http://www.calguns.net/calgunforum/showthread.php?t=140927

I was not referring to the PAS (PRELIMINARY ALCOHOL SCREENING) test. I was referring to the test after the arrest is made.

BigDogatPlay
05-05-2011, 7:31 PM
IBTL.... :D

SVT-40
05-05-2011, 9:29 PM
Talking is optional.

All field sobriety tests are optional.

However based on the officers opinion he could make an arrest without any tests based on your objective symptoms of alcohol intoxication.

If you are arrested you are required to submit to a blood or breath test. You get to choose, however if the officer suspects ( based on his training and experience) that you are under the influence of drugs he can insist you submit to a blood test after you have completed a breath test if that is the test you choose.

I'm not going to post the authority sections listed in the CVC which allow this, as they are long and involved.



Presenting a license and registration is not optional and is a violation of law.
CVC

12951. (a) The licensee shall have the valid driver's license
issued to him or her in his or her immediate possession at all times
when driving a motor vehicle upon a highway.
Any charge under this subdivision shall be dismissed when the
person charged produces in court a driver's license duly issued to
that person and valid at the time of his or her arrest, except that
upon a third or subsequent charge the court in its discretion may
dismiss the charge. When a temporary, interim, or duplicate driver's
license is produced in court, the charge shall not be dismissed
unless the court has been furnished proof by the Department of Motor
Vehicles that the temporary, interim, or duplicate license was issued
prior to the arrest, that the driving privilege and license had not
been suspended or revoked, and that the person was eligible for the
temporary, interim, or duplicate license.
(b) The driver of a motor vehicle shall present his or her license
for examination upon demand of a peace officer enforcing the
provisions of this code.


4462. (a) The driver of a motor vehicle shall present the
registration or identification card or other evidence of registration
of any or all vehicles under his or her immediate control for
examination upon demand of any peace officer.

Conducting a DUI check point is enforcing the provisions of the California Vehicle Code, so you are mandated to provide it upon demand.

Jonathan Doe
05-06-2011, 5:52 AM
Just don't drive while drunk. Problem solved.

haodoken
05-06-2011, 8:58 AM
Just don't drive while drunk. Problem solved.

+1 But you know what...A lot of people have no respect for the safety of others. They'll drive while intoxicated until they crash into or kill someone else. The sad thing is it will be someone else's loved one. :mad:

yzernie
05-06-2011, 12:29 PM
This topic has been discussed ad nauseam here on CGN. Do a search and you'll find your answers.

GrizzlyGuy
05-06-2011, 6:27 PM
The info above is all correct, but note that you won't always have a choice of the method (http://www.shouselaw.com/chemical-test-refusal.html) used in the post-arrest chemical test (e.g., blood vs. urine). There are some links in my post here (http://www.calguns.net/calgunforum/showthread.php?p=5912695#post5912695) that you can follow for additional info from DUI defense attorneys.

E Pluribus Unum
05-06-2011, 6:30 PM
The info above is all correct, but note that you won't always have a choice of the method (http://www.shouselaw.com/chemical-test-refusal.html) used in the post-arrest chemical test (e.g., blood vs. urine). There are some links in my post here (http://www.calguns.net/calgunforum/showthread.php?p=5912695#post5912695) that you can follow for additional info from DUI defense attorneys.

Urine is no longer a choice.... It's up to the person arrested, and the choices are Blood, or Breath. If it is refused, blood can be forcefully taken.... but if done voluntarily, it's up to the arrested person.

GrizzlyGuy
05-06-2011, 7:23 PM
Urine is no longer a choice.... It's up to the person arrested, and the choices are Blood, or Breath. If it is refused, blood can be forcefully taken.... but if done voluntarily, it's up to the arrested person.

A urine test isn't the preferred method of the government, but it may still be used on rare occasions. The person arrested may or may not be given a choice of the method. See what I linked to (http://www.shouselaw.com/chemical-test-refusal.html) above:

Most California DUIs involve alcohol. Breath and blood tests are therefore the first tests that are typically offered, as these are the tests that most accurately test for alcohol consumption.

*Note: Urine tests have been determined to be too unreliable in detecting alcohol. As a result, a urine test would only be used for alcohol detection if, for some bizarre reason, neither a breath nor blood test were available.

If you take a breath test that comes back lower than the officer expected, you may additionally be asked to submit to a blood or urine test. Blood and urine tests are used when you are suspected of driving under the influence of drugs or a combination of drugs and alcohol.

Once the officer tells you which tests you will be given, you donít necessarily have the right to insist on a different one. This means, for example, that you canít choose a urine test instead of a breath or blood test if youíre suspected of an alcohol-related DUI. Doing so will be construed as a refusal.

Similarly, if you are a hemophiliac or are on certain heart medications, you are exempt from taking a blood test. If a breath test isnít available, you may be asked to provide a urine sample.

*In that type of situation, you donít have the right to demand that the officers find a breath testing instrument. If you donít submit to the urine test, you will be charged with a refusal.

The bottom line is that you only have a choice of tests when a choice is presented to you.

See also here (http://sandiegolawyerdui.com/chemical-test-refusal.html):

In California, it used to be that a person arrested on suspicion of DUI was entitled to a choice between a blood or a breath test. Currently, in San Diego, the choice of which chemical test to administer is typically at the discretion of the arresting police officer.