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  1. #1
    Join Date
    Jan 2005

    Default Civil Liberties Concern

    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?

  2. #2
    Join Date
    Sep 2004

    Default California DUI Law

    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.

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