If you've been stopped and the police suspect that you've been driving under the influence, the officer will typically direct you to take field sobriety tests.
The field sobriety tests are meant to help a police officer determine whether or not someone is intoxicated.
Typically, these tests will involve standing on one leg, walking, and turning in a straight line. They may also ask you to follow a pen with your eyes.
They may also ask you to do other tests, such as touching your finger to your nose or counting backward.
But must you take these tests when directed by a police officer?
The answer is you are not required to take these tests. You have an absolute right to refuse to take the tests, and that means that if you are arrested for DUI, the police officer cannot testify about how poorly (Or well) you performed.
In addition to these tests, police may ask you to take a breath test. The first is usually in a handheld breath testing machine or a “preliminary breath testing device.” You can refuse this test as well, and other than the fact that the police officer won't have any idea of what your alcohol blood content may be, there's not much consequence in refusing.
Another breath test involves using a larger machine, typically called a Draeger machine, although, in some jurisdictions, it may be a different type of machine. If you refuse to take this breath test, it may
result in the administrative suspension of your driving privilege. That doesn't mean you can't refuse but you should be aware that there are negative consequences if you do so. Then again, if you take the test and your blood alcohol level is above the legal limit, there will be a negative consequence as well.
While you won't have the opportunity to speak with an attorney prior to taking these tests, you should contact one as soon as possible after your DUI arrest. An experienced DUI lawyer can do a huge amount to help you.
If you'd like our help, call us at 256 533 4529
