We understand that a DUI charge can happen to anyone at any time. We also know that getting pulled over and asked to take sobriety tests is often a new experience for most, and, therefore, few understand their rights.
The officer may direct you to complete a series of tests known as “Field Sobriety Tests,” which are supposed to determine if you are intoxicated. Drivers routinely agree to take the field sobriety tests in hope that successfully completing them will avoid arrest. Unfortunately, this is rarely the case. The results of these tests are highly subjective and often serve to justify an officer’s arrest and to provide the prosecutor with evidence to convict you in court.
First and foremost, you should be aware that FST’s are voluntary and you should refuse to do these tests. The officer is most likely trying to accumulate additional evidence that warrants arrest. If the office feels it’s warranted, he or she will most likely arrest you with or without the FST.
In addition, the National Highway Traffic Safety Association has specific guidelines about how FSTs can be administered. If the tests are not administered properly, a capable DUI attorney can prove that they are inadmissible in court. David Speikers has been certified to administer these tests and will be able to spot whether the arresting officer administered them correctly.
It is always in your best interest to refuse to take this inaccurate test; particularly if you have been drinking. Passing the breathalyzer after several drinks is impossible and an entirely unrealistic goal. Although you will feel pressure to take it, politely refuse.
It is your right to refuse a breathalyzer test when you are pulled over.
If the officer decides to take you to the station, you must submit to the more accurate test that the police will perform there or they will automatically suspend your license for at least one year. This test is preferable to the field breathalyzer. This test is more accurate, and if you have been drinking, allows for some time to pass and your body to metabolize some of the alcohol.
Again, remember to be polite and cooperative. Officers are more likely to give you a pass for a minor driving error if you are respectful.
Learn more about David Speikers, or call 425-222-0555 for a free consultation and case review.