Civil Liberties Concern

[Iomega408]

I live in San Jose, California. If I am pulled over while driving and forced to take a sobriety test, do I have the right to refuse a breath and dna test?

[Anonymous]

If you are pulled over on suspicion of drunk driving, it wouldn't ordinarily follow that you would be asked to take a "DNA test".

If you're talking about roadside sobriety tests, you can refuse to take them - but that probably won't affect the officer's decision to arrest you.

With regard to chemical tests, your refusal would carry significant sanctions, including a one-year license suspension (without the possibility of a restricted license during the period of suspension), the possibility of a mandatory jail sentence if the refusal is alleged in the criminal complaint, and the possibility that your refusal will be introduced as evidence at a subsequent trial as evidence of consciousness of guilt.