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Steven Waterkotte of Combs Waterkotte Law Firm answers “Can you refuse a breathalyzer test?”
Video Transcript
Steve Waterkotte: … the pen in front of your fingertip. And so, most folks have heard that or seen it. They’re looking at certain criteria. I get people that say, “Well, I passed those.” Well, you wouldn’t know as the subject of the field sobriety test. But you always have – every individual, you, me, Chris, we all have the choice. You’re not under any obligation to take [a field sobriety test]. Again, what are those designed to do? Provide the officer with additional evidence.
Scott Michael Dunn: It’s just mounting, mounting evidence.
Steve Waterkotte: So now all of a sudden you have your field sobriety test – the three that I mentioned – then they get a breath test result. That can be damning evidence at that point. Now you remove that, what are you left with is what Chris said. The officer’s observations. Well “We smelled the alcohol.” You’re removing a whole bunch of evidence that they would use against you. Much easier case to beat at that point, right? It’s just kind of common sense.
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