Refusing Field Sobriety Tests in a DUI stop

In today’s world, there are many people who are going to drink. When you have had too much to drink, it is always stressed that you don’t drink and drive. However, this is not an Alcoholics Anonymous meeting. When you are thinking of drinking and driving, you are making a big mistake. However, you have rights as a citizen, whether impaired or not. There are many things that you are going to have to do if you are going to be able to get out of it to some degree. Understanding the law with drinking and driving is something you learn before you even drive a car. But if you do get pulled over by a police officer, here are some that you need to know when refusing field sobriety tests in a DUI stop:

• Completely Voluntary – In many states, there are laws that are put into place that say that you are not going to have to take the Sobriety tests and you won’t get into trouble for it. There are some states that have a Zero Tolerance for drinking and driving and you are going to have to research within your own state that particular law. Unfortunate for you, the law changes from state to state and there are several different things that you need to know if you are going to be able to escape this test or not.
• Not Scientifically Proven – The Sobriety tests are a series of tests that are going to “determine” whether or not your judgment is impaired. There is no way to actually prove this because there are some cases in which you could just be really tired. This has the same qualities as to someone who is drunk. That has been scientifically proven. You are going to show signs that you are off balance, slurred speech, and lapses of falling asleep during questioning. This will give the police officer some cause to press further.



• A Breath Test – After you have refused the sobriety test, you are going to be asked to take a breath test. If you pass that, the officer is not going to be able to arrest you. However, be aware that the smell of alcohol, your attitude, and the fact that you might self-incriminate when answering simple questions can get you arrested. A breath test is voluntary as well and you can refuse it without getting arrested. The police officer needs to go off the different facts of your demeanor.

This is in no way telling you ways to get out from getting a DUI ticket. You have to pay your dues to crimes you commit. This is only telling you that you are able to do this and what to expect when refusing field sobriety tests in a DUI stop. You are going to be able to get away from the different tests, but more chances then not you are going to get arrested by the demeanor you present and the odor that is going to come off you. There are many things in the law that you are going to be able to find loopholes if you look for them.

With the Sobriety test, you have the right as a citizen to be aware of what it entails and you are going to be able to know the different things that you are going to be able to do or not. Many people ask, “If I refuse, isn’t that an admission of guilt?” No, you are going to have the right to refuse based on the fact that it is not 100% accurate and you are going to be able to drive off with no problem if the police officer doesn’t have reasonable doubt. So relax, you are not going to have to worry about anything when you get pulled over and are not drunk. However, if you are, then that is another story.

[podcast]http://www.lawadvicenow.com/wp-content/uploads/2010/06/refusing-a-field-sobriety-test.mp3[/podcast]