You are being stopped by a police officer Your first instinct is think to yourself that you weren’t speeding, but then it dawns on you that you might have more trouble than just a traffic ticket. The officer comes to your window and asks for your license and registration. He then asks you to step out of the car, since he smells a strong odor of alcohol on your breath. He suspects you of DUI and wants you to take some tests. What do you do now?
It is important to note that, in a DUI case, opinions about the incident are gathered at the scene by police officers. Once you have been stopped, there are several different types of tests you may be asked to take. At the scene, there are field sobriety tests and the field breathalyzer test. If the driver fails those tests, or refuses to take them, he or she is usually then arrested and taken to the police station, where a subsequent blood alcohol content test is given. This last test can be through the breath, blood, or urine method. The purpose of all these tests is to determine the level of the subject’s alcohol impairment, including blood alcohol content, whether the subject is able to drive safely, and whether the subject is DUI.
The following are your basic choices when pulled over for suspected DUI:
1) Refuse all tests.
Many people refuse all tests, and ask for their attorney to be present. Usually this occurs when the subject knows he or she is driving under the influence of alcohol and will fail any test given. While the field sobriety tests are generally optional, depending on the jurisdiction, most states have laws of implied consent. An implied consent law reflects the consent of anyone who obtains a driver’s license to take an alcohol test (whether breath, blood, or urine) upon being arrested. Refusal to take such a test will ordinarily result in the automatic license suspension and, in some states, incarceration.
2) Refuse the field sobriety tests.
Initially, the officer will want to administer the field sobriety tests. These tests include standing on one leg, walking a straight line, and nystagmus testing, among others. Each test is designed to give the officer some insight into the sobriety of the subject. In addition to observing how the driver behaves, speaks, and walks during these tests, the police officer will study the demeanor of the subject. Field sobriety tests are generally optional.
3) Consent to the field breathalyzer.
While blood tests and urine tests are often administered at the police station subsequent to arrest, they have proven to be unreliable in the field. Enter the breathalyzer, which measures blood alcohol level through determining alcohol on the breath. There are several types of breathalyzer devices, including the breathalyzer, intoxilyzer, and alcosensor, each utilizing a different method of testing. Usually, the field breathalyzer is optional as well.
4) Consent to all tests.
Despite all the DUI literature out there advising otherwise, many people consent to all tests, for various reasons. It might be because they don’t know any better. Or it might be that they know they did something wrong and feel as though they should be punished. No matter what the reason, taking all tests will result in the most evidence against the driver in the DUI case.
5) Consent after refusal.
In many states, there is a certain period of time after the driver is stopped in which the tests must be administered. Some of those states allow you to consent all the way up to the end of that time period. So if you are an intelligent person, or are great at anticipating things, you may be able to time it just right so that you give yourself the maximum amount of time before taking the test.
So what should you do? It really depends on the specific laws and statutes of your jurisdiction. Each of the tests have different consequences, and those consequences vary by state. It is also important to understand that, in many jurisdictions, the driver can still be convicted of DUI without taking any tests. Therefore, you need to learn the laws of your state before making an informed decision.
DUI laws vary from state to state, and you should consult with an attorney if you receive a DUI citation. If you are in need of help for a DUI in Maryland or Virginia, contact a Maryland DUI attorney or Virginia DUI attorney.
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