John is out driving one night and is pulled over when he fails to stay within his own lane of traffic. The officer asks John if he has had anything to drink and John says, “No.” The officer has John perform some roadside sobriety tests, and John fails them all. The officer tells John that he wants him to take a breath test and John refuses. Can John be charged with driving under the influence?
a. No, because there was no breath test to confirm alcohol in his system.
b. No, because the officer has to arrest John before asking for the test.
c. Yes, because John failed the roadside sobriety tests and the officer believes that John is intoxicated.
d. Yes, because John has admitted to the crime.
c. Yes, because John failed the roadside sobriety tests and the officer believes that John is intoxicated.
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