If you are stopped under suspicion of DUI, there is a key point that is important to understand: It is not mandatory that you submit to roadside tests requested by police.
- You are not obligated to take a field sobriety test.
- You are not obligated to take a roadside breath test.
While many officers ask drivers to take a preliminary breath and field sobriety test, both can yield questionable results, and you have the right to politely decline. If you refuse these initial tests, you will likely be asked to accompany the officer to the police station or hospital, where you should be given the choice of a breath or blood test. You always have the right to speak to an attorney before you submit to testing.
Test Results and Legal Help
A BAC of .08 or higher can result in DUI charges and the immediate notice of suspension of your driver’s license. It is imperative to contact a defense attorney as soon as possible if you have been charged with DUI. A DMV hearing can be scheduled within 10 days of your arrest to protest the suspension of your license.
There are many errors that an arresting officer can make during DUI arrest and testing, including mistakes in protocol and denial of your Constitutional rights. In addition, errors are commonly seen in test administration, specimen identification, and contamination of blood samples.