Refusing Field Sobriety Tests in a DUI Stop
Drinking is a part of our social culture. But responsibility comes along with the fun.
If you’ve had too much to drink, it is always stressed that you don’t drink and drive.
When you are thinking of drinking and driving, you are making a big mistake. In no way does LawAdviceNow condone driving under the influence.
However, if you make the mistake of driving drunk and you’re pulled over for it, you have rights as a citizen.
What to Do If You’re Pulled Over for a DWI/DUI
There are many things that you are going to have to do if you want to fight your DUI arrest. 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:
- The Breath Test is Usually Voluntary – In many states, there are laws that say that you do not have to take sobriety tests and you won’t get into trouble for refusing to do so. 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’s particular law. The laws change 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. A DUI lawyer can help you sift through those laws and explain how they may or may not apply to your case.
- Some Sobriety Tests Are Not Scientifically Proven – The Sobriety tests are a series of tests that “determine” whether or not your judgment is impaired. In some DWI cases, there is no way to actually prove you’re intoxicated. Sometimes you may just be overly tired. Extreme exhaustion sometimes 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. If you were pulled over and arrested for DUI even though you weren’t drunk, a DWI attorney can help you fight your case.
- The Breath Test – If you have refused the sobriety tests, you may be asked to take a breath test. If you pass that, the officer probably won’t 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 still get you arrested even if you “pass” a breathalyzer. A breath test is voluntary as well and you can refuse.
Remember, You Have Rights When Pulled Over
This is in no way telling you ways to get out from getting a DUI ticket. If you were driving under the influence (DUI) or driving while intoxicated (DWI), you have to pay your dues.
This page is just explaining your rights and what you may expect when refusing field sobriety tests in a DUI stop.
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?”
The answer to that legal question is mostly “no”, you are going to have the right to refuse. You may even be able to drive off with no problem if the police officer doesn’t think you’re intoxicated.
So relax, you don’t need to worry if you get pulled over and are not drunk. However, if you are, then that is another story and it’s a good idea to retain a DUI attorney.