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The roadside tests can be declined with no penalty in my state. So, if I was driving high on THC I’d say “I refuse field sobriety tests but will consent to chemical blood testing, which I am obligated to comply with or lose my driving privileges.”

I’d test positive and then say “Good luck proving I was intoxicated while driving!” and then the DA would refuse to file charges, because there is no way to prove that with THC if you refuse roadside tests.



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