THE SHORT ANSWER IS NO
you have the right to tell the cops per your attorneys advice you are not going to answer any questions.
IN ADDITION: FIELD SOBRIETY TESTS ARE OPTIONAL AS IS THE BLOOD TEST AT THE SCENE. YOU HAVE RIGHT TO BE TAKEN TO THE STATION AND TAKE A BREATH OR BLOOD TEST THERE. IF IT HAS BEEN AWHILE SINCE YOUR LAST DRINK THE BLOOD TEST WOULD PROBABLY BE BEST.
OF COURSE YOU WILL BE ARRESTED BUT THE DA WILL HAVE LESS EVIDENCE TO PROSECUTE YOU.................YOU DO NOT HAVE A RIGHT TO CALL YOUR LAWYER FROM THE SCENE.
Yes, but you may face aggravated penalties upon finding of violation and/or conviction.
You'll have to provide your name, proof of identity, and proof of registration. You need not answer any other questions due to your rights under the 5th and 14th Amendments of the US Constitution and related CA Constitutional protections. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.
No. But you could try it. Silence will be construed to be knowledge of guilt. Part of the assessment of your ability to safely operate a motor vehicle is your ability to answer reasonable questions of the officer.
