If you are pulled over for suspected DUI, the first thing an officer is going to do is ask if you have been drinking, then the officer is going to ask you to do field sobriety tests, perhaps a PBT (portable breath test), then you will be taken back to the station for a breath test. You should respond, “I have a friend that is a lawyer and he told me to decline to answer any questions like that.” They will ask this because they need to obtain evidence, but the last thing you want to do is give it to them. Because you have a constitutional right in this country not to incriminate yourself, you have a right to say no-no to the Po Po!


When you (politely) refuse to take a sobriety test, the officer might not be too happy that you are not allowing him to gather evidence against you. They may try to lie to you, trick you, or deceive you in order to obtain the evidence they want, but do not allow yourself to be intimidated. In situations like these, you will want to remain strong and remember:

  • Be polite and respectful, yet firm in your refusal to take the tests.
  • Inform the officer that you will not say or do anything until you have exercised your constitutional right to speak with a lawyer.

While your temporary detainment may eventually turn into an arrest when you choose to refuse, it is better for you to be arrested with no evidence at all than after giving the officer all the evidence in the world to convict you. Don’t be fooled by thinking you can pass the officer’s tests. That is what the Po Po wants you to think. They are designed to be failed. Remember that you are innocent until proven guilty, and without the “proof” provided by unreliable field sobriety tests or faulty breath or blood testing machinery, it will be very difficult for prosecutors to convict you.

Have You Been Arrested for a DUI in Cincinnati, OH?

If you are facing DUI charges, you need to speak with an experienced DUI attorney as soon as possible. Please contact us online or call our Cincinnati office directly at 513-929-9333 to schedule your free consultation.

Steven R. Adams
Steven R. Adams was a criminal defense lawyer dedicated to DUI, OVI, and criminal defense in Cincinnati, Ohio.
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