Ray Hrdlicka – Host – Attorneys.Media
“You said something earlier…that the field sobriety tests are voluntary.”
Kirk Tarman– Criminal Defense Attorney – San Bernardino County, CA
“Correct.”
Ray Hrdlicka – Host – Attorneys.Media
“Well, one of the places that I read that, if you don’t, if you fail and refuse, fail to take refuse to take a field sobriety test, isn’t that more likely to get you arrested, and taken you downtown where…?”Kirk Tarman– Criminal Defense Attorney – San Bernardino County, CA
“No, well, look, it comes down to this. The cop’s probably going to arrest you, no matter what. So, you just got to basically not give them the ammunition to show your impairment at the time of the arrest, because that’s kind of what we would be dovetailing in later on.
What can an attorney do for you later on? If you have an evidentiary test, that’s over .08. Now, I usually make the argument that at the time of the stop, you were below a 0.8, and by the time you give this evidentiary test, you are above a 0.08. That’s one of my primary arguments.”
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