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  1. #1
    Join Date
    Jan 2005
    Posts
    6

    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
    Posts
    758

    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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