Arrested After Refusing a PBT, but Beat the DUI Charge

[wbegg]

Final answer to your non-question .... YOU DIDN'T GET A DUI!! Thank your lucky stars. Be happy, pay the small fine, and get on with your life. Law Enforcement Officers come in all shapes and sizes (meaning demeanor). Deal with it, and get over it. You got to spent time at home when it was all over!

[flyingron]

In addition to dredging up a thread where the poster has been long gone for a month, that is some of the stupidest advice I've heard in a long time. If refusing a crime or faces administrative sanctions, your bogus "I'm not refusing statement" isn't going to save you from that charge/sanction. Not complying is the same as refusing no matter what drivel is spewing from your intoxicated mouth.

Know your rights, either refuse when there is no law that compels you to or comply if you are required to. Trying to game the system will not work.

[jk]

really ...??

You know ...

Other people my come across this Thread, looking for some information .. yea, really ..

If You are undergoing " Testing "

You are under Custodial Arrest, and the " Officer " is looking to Charge you

You are entitled to Representation

Check the 4th and 5th Amendments .... I thought tey applied equally to everyone
"

oh boy. Another freeman, earther, or whatever they want to be called this week. Your argument is incorrect. Check court rulings.

[jk]

let's make it quick:

you are not entitled to demand a lawyer be present or to even consult one before you either decide to take the test or not.

[flyingron]

you are entitled to ask .. " am I under Arrest, or an I free to go "

Correct.

If You are not " free to go, YOU are certainly under ARREST, and entitled to Representation in then instant legal issue

Sorry, not true.

If you are performing Sobriety tests ... well, do not rely on the Advice you have received so far ...

Certainly do not listen to you. In most states you're under no obligation to participate in the FSTs.

You certainly are obfuscating the issue at the heart of this matter

No obfuscation other than your false information.

a " Person " need not provide Testimony " that may Convict him, and is entitled to Counsel in such issues

Being compelled to provide scientific evidence (chemical test) is NOT questioning. THere's no right to counsel in most states. In a very few ones, you will be told this (and if not you're better off submitting anyhow and then challenging the results due to the failure to give the appropriate notice).

Please substantiate Your position

Pleas substantiate yours. Ohio (the state under question) does not allow you to refuse the chemical test and they don't have to tell you why and they do not need to provide access to an attorney prior to demanding you take one (and this is true in most other states as well). Even when you are arrested you are not entitled to an attorney other than if they wish to pursue custodial questioning. Again, the chemical tests are not questioning.

[cdwjava]

If You are undergoing " Testing "

You are under Custodial Arrest, the " Officer " has determined there is " Reasonable Articuable Suspicion " and the " Officer " is looking to Charge you

If you are being asked to participate in the FSTs, no, you are not generally under arrest. All that is required is a detention. To conduct the tests after an ARREST would often require Miranda (if the standardized FSTs and associated questions are to be used).

You are entitled to Representation if you have been " Arrested "

Heck, you are entitled to representation whenever you want. But, the police do not have to allow you representation prior to the FSTs, even though there are a couple of states that might allow you to make a quick phone call to your attorney prior to a mandated chemical test.

[flyingron]

Ohio is NOT one of them.

[David K]

you are entitled to ask .. " am I under Arrest, or an I free to go "

If You are not " free to go, YOU are certainly under ARREST, and entitled to Representation in then instant legal issue

Detention is the prologue to arrest. The appropriate mantra is "Am I being detained, or am I free to go?" If you're asking whether you're under arrest, you would be asking from the back seat of a patrol car as the officer(s) would have already arrested you.

Secondly, in many states you CAN refuse a field sobriety test without penalty. Don't confuse a field sobriety test with a portable breathalyzer test, as the latter is mandatory in most states (unless you want refusal penalties).