If an SFST or PBT is refused, should an 1805 be issued?

If an SFST or PBT is refused, should an 1805 be issued?

• A. Yes
• B. No
• C. Only if required by policy
• D. Only if the subject requests

Answer: (B)

The key point is that an 1805 is tied to refusing to submit to a chemical test after a lawful DUI arrest. Roadside tests like the Standardized Field Sobriety Tests or a Preliminary Breath Test are investigative tools, not chemical tests, so refusing them does not trigger the 1805 process. Document the roadside refusal, proceed with the arrest, and only issue the 1805 if the arrestee later refuses to submit to the chemical test after arrest. If they cooperate with the chemical test, no 1805 is issued.

The key point is that an 1805 is tied to refusing to submit to a chemical test after a lawful DUI arrest. Roadside tests like the Standardized Field Sobriety Tests or a Preliminary Breath Test are investigative tools, not chemical tests, so refusing them does not trigger the 1805 process. Document the roadside refusal, proceed with the arrest, and only issue the 1805 if the arrestee later refuses to submit to the chemical test after arrest. If they cooperate with the chemical test, no 1805 is issued.