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DWI Case Results

Charge: DWI - Client involved in major accident. Failed field sobriety tests. Breath test of .28 - over 3 times the legal limit.

Verdict: NOT GUILTY

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Can I refuse a field sobriety test? If so, should I?

Yes, you can and should always refuse to take a field sobriety test. Field sobriety tests are proven inaccurate at determining if alcohol concentration exceeds 0.08, even under ideal laboratory conditions. There are no penalties for declining these tests, but the officer may still arrest for DWI if he believes he has probable cause. Moreover, the police officer may consider your refusal as an admission of guilt.

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