Getting pulled over for DUI is a scary experience for any driver. A DUI conviction means a criminal record and all the consequences that come along with it, such as fines, loss of your driver’s license, potential jail time and damage to your professional and personal reputations.
Fear of getting arrested and facing these penalties may be going through your mind at a DUI stop, causing you extreme stress and worry. To make matters worse, you might have questions about your rights at a DUI stop, particularly what tests the police can administer.
The police can administer field sobriety tests and chemical tests, such as blood or breath tests. Although you can refuse to take any of these tests, you will face legal consequences for refusing a chemical test.
Field sobriety tests
You are probably familiar with field sobriety tests. The purpose of these tests is to assess your balance and coordination.
The National Highway Traffic Safety Administration has three standardized field sobriety tests:
- The horizontal gaze nystagmus test involves following an object with your eyes, such as a beam of light or a finger, without moving your head.
- In the walk and turn, you are asked to walk nine steps toe to heel, turn around and walk nine steps back.
- The one leg stand involves standing on one leg until the officer tells you to stop.
The problem with field sobriety tests is they are unreliable. Many sober people fail field sobriety tests out of nervousness. Additionally, certain medical conditions may result in failed field sobriety tests.
Remember your right to refuse field sobriety tests even if the police officers ask you to take them.
Chemical tests
When it comes to chemical tests, implied consent law requires you to submit to a blood or breath test if the police officer has reasonable suspicion that you are under the influence of drugs or alcohol.
You can refuse these tests. However, refusing a chemical test usually means a driver’s license suspension and other potential penalties.
It is usually best to submit to a chemical test to avoid these penalties. However, the results of these tests can sometimes be challenged in court and provide a defense to a DUI charge.
When you are arrested because of a failed chemical test, the validity of the test can be questioned. As with any criminal charge, the prosecution’s job is to prove that you were drunk driving beyond a reasonable doubt. This becomes much more challenging if they do not have chemical test results.
A DUI stop is a difficult experience even if you are not legally intoxicated. Remember the other rights you have available, such as the right to remain silent. Understanding your rights can help protect you against whatever comes next.