Ask your middle brother about that. I think any attorney familiar with DUI law would tell you that it is NEVER to your benefit to take the tests. (And Keim DID take some, but it looked as though he refused the ones that could've been affected by a bad knee.)
There has probably never in history been a case where a cop has said, "You know what, I pulled you over because I thought you were DUI, but you did great on the tests so I guess I was wrong - you're free to go!"
I've been pulled over multiple times (long ago, in Georgia), told that I had been "swerving all over the road," and "failed all the field sobriety tests" - then blew a 0.0 since I had not been drinking. I'll tell you some even crazier stories some time.
...dave
I worked an 18-hour shift one day, ended up about 2 hours from home. Was flying high on coffee and Red Bulls . . . I'm going down this two-lane state highway, when all of a sudden these headlights appear from way back, and they are booking up on me. My company car had a GPS nanny on it, so I never sped because I hated getting the stupid e-mails from HR, so I didn't pay much concern to it and figured the idiot would just go around when he figured out I wasn't going to speed up.
Well, he didn't, he had his brights on, and he rides my ass for about two miles down this road. Keep in mind, two-lane road, fields on both sides, not really anywhere for me to pull over and let him pass. But he did have a dashed line so he could have gone around at any time. There is literally zero traffic. Right about the time I'm starting to get annoyed at this guy, what do you know but his bubble lights come on - unmarked cop car.
So at this point I've proceed from annoyed to
pissed. I pull out my license and all my company car information and wait for Smokey to stroll on up to the side.
He walks up to the window and says, "Morning. Pulled you over because you were weaving all over the road. You been drinking?"
At this point I lost it. I said "No, I've been working my ass off since 8 yesterday morning, I'm ready to get home and sleep. If I was weaving it was because I kept checking my rearview looking at the jackass with his brights on riding my bumper."
He kinda blinks for a second and says, "You sure you haven't been drinking?"
I'm a little calmer at this point, having vented my spleen a bit, and I say, "Sir, I don't drink, period, but I'd have to be pretty damn stupid to drink and drive in my
company car since I'd lose my freaking job. So, no."
He takes my license and registration and goes back to his car. Meanwhile I'm sitting there shifting from mad to "well, poo, there goes my overtime to pay for a stupid-ass ticket so this idiot can make his quota." He comes back up, hands me stuff and says, "Drive safe and get home, now."
Now, if he'd asked me to do a field test, I probably would have done it just to be on my way. But as tired and sore as I was, I'm not sure I would have been able to pass it. Thankfully I enunciated my displeasure clearly enough that he could tell I was sober as a judge.