Kirk Tarman– Criminal Defense Attorney – San Bernardino County, CA
“Let’s just say, they pull you over and you don’t give any blood, any of the field sobriety tests, and the police officers, and there’s no bad driving, you’re not in an accident, and they pull you over, and you just basically say, like, ‘no, I’m not going to give you any of these tests, I’m not going to look at the pen, the horizontal gaze, not going to do any of that.’ And then you’re all, ‘well, look, man, now I know you’re arresting me because you smell alcohol. All right, well, go get a warrant.’ I think they’d have a difficult time.
It’s a bit of a risk if you said, ‘I don’t believe you have probable cause to arrest me for a DUI’, and then they go get a search warrant for your blood, and then you lose your license for a year. But I still think that there’s not cooperating with that initial field sobriety test and the initial preliminary alcohol screening test, will always benefit you, no matter what direction the investigation goes.”
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