10/09/2026
Roadside field sobriety tests and the portable breath test are voluntary, and the deputy says so on camera. Refusing them isn’t a crime, but an officer can still arrest if the smell of alcohol, an admission to drinking, and test performance add up to probable cause. Force is judged under Graham v. Connor: was it objectively reasonable given the offense, the threat, and any resistance? Arguing isn’t resisting, but pulling away can be.=