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  1. #31
    Join Date
    Sep 2010
    Posts
    9,490

    Default Re: Arrested After Refusing a PBT, but Beat the DUI Charge

    Ohio is NOT one of them.

  2. #32
    Join Date
    Jan 2012
    Posts
    25

    Default Re: Arrested After Refusing a PBT, but Beat the DUI Charge

    Quote Quoting J. Alfred Braun
    View Post
    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).

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