If you are stopped and an ASD or SFST demand is read to you, you are required to participate in either a roadside breath screening or SFST exam. If you refuse you will be charged with refusal which carries the same penalty as impaired driving. The only thing changing is that police officers no longer need reasonable suspicion to demand a roadside breath sample of you after December 18. We still require reasonable suspicion to demand a Field Sobriety Test.
If you fail a roadside screening device you are then taken to a station for further evidentiary breath testing. Similarly, if you fail an SFST, you are taken to a station for a DRE exam. Either way, you are lawfully required to participate in the roadside test.
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