What Happens If You Refuse A Test Given By A DRE?

(The content below was transcribed from an interview done with Acacia Law. We think you'll find it much easier
and more enjoyable to read this way.)

Interviewer: Are people allowed to refuse tests given by DREs?

Acacia Law: Yes. You have a right to refuse those tests. In fact, it is in your best interest to refuse those tests because they are so subjective. In fact, some are completely outrageous and silly.

They have absolutely nothing to do with whether a person is impaired; their ability to operate a motor vehicle; or whether they are under the influence of either alcohol, drugs, or a combination of the two.

Perhaps you have just weaved within your own lane; and you are stopped. If you start doing a bunch of field sobriety tests, which have nothing to do with your ability to drive, then basically the officer is just marking you off as failing all these tests.

If you do not do the tests, the officer is left with the fact that you simply weaved within your lane. You stopped; and then declined it. He can not say you refused those tests because they are not legally required.

Then, all he can say is he stopped you for weaving a little in your lane. He arrested you and had you tested for whatever drugs or alcohol. This is the physical result. That is the end of the story.

Interviewer: Are you allowed to refuse the blood or urine test?

Acacia Law: No, you are not. If you refuse those tests, then you lose your license for a year flat, no matter what. They will get a telephonic search warrant by judges on standby 24 hours, 7 days a week in Arizona.

They grant a telephonic warrantless search so officers are entitled to remove blood from you, even if they have to strap you down to a table. However, getting someone to urinate when they do not want to is a different thing altogether.

Since they obviously can not force you to comply with a breath test either, they will again get the warrantless search warrant granted by a court. Then, they go ahead and simply draw blood. Note: You can not breathe funny or not urinate; and get out from underneath whatever is in your blood system, if the blood itself is extracted.