The short answer is no. Unless you are pulled over during a “No Refusal” weekend or time period then you are not obligated to preform any testing. In fact, while being very polite to the officer, decline to take the breathalyzer or handheld breath tester. The handheld tester is inaccurate and not admissible in court. Most police officers will use the test to determine the need to arrest you and take you for further testing.
The correct answer to this test, the eye test and frankly any roadside testing, is to politely decline. The officer will probably indicate that you need to or have to take the tests and that is not true. You have the right to remain silent, in this instance it is most important that you remain calm, be polite yet firm that you refuse to do any testing and wait to see how the officer responds.
Phone: 214-989-3330