Question: Am I required to answer the DRE’s questions?
Answer: It’s still kind of up in the air, but the way it generally works is that they can sort of tie that in to counting as a refusal to take a test. It’s not so much the DRE as it is a blood test, so you can refuse to answer the DRE’s test, but if the DRE asks if you want to take a blood test and you refuse that, it counts as an actual refusal. So, we are seeing that if you refuse, they are charging you with a refusal, and they sort of lump it in with not taking the blood test. So, yes, there is some punishment for not complying with the DRE. Now, what I always recommend is to never do a DRE test.
They’re extremely, just like every other officer’s test, are very slanted toward the state. The officer uses everything that you say against you, and, at that point, if you’ve been in custody for some time, you might have a Miranda issue, where the officer needs to actually tell you of your rights before you spend an hour and a half testifying against yourself. So, you can refuse, we recommend to refuse. The DRE is set up for you to fail. And, if you don’t have any drugs in your system, tell them that you won’t do the DRE but you’ll take the blood test, and then that would be considered not refusing a test. But that’s pretty much where the law is on that.