When it comes to a DUI stop, there are certain rights you should be aware of. For instance, refusing field sobriety tests is absolutely an option for you. In fact, it might be the right move no matter if you’ve been drinking, or not. Field sobriety tests act as a method for officers to ‘determine’ how impaired you are. However, the difficulty of these tests often leads to failure, no matter your condition. On the other hand, there are certain sobriety tests that you can still decline, but you’ll most definitely face a penalty— such as a breathalyzer.
Sobriety Tests: When Can, Should, and Should Not, Say No
Field Sobriety Test
As we stated above, field sobriety tests are not required. Furthermore, there is no penalty for declining to perform these. The officer wants you to take the tests so they have a chance to measure impairment, and then they might make a record of their impression. That impression might be used as evidence against you in court. Therefore, choosing to not perform these tests may actually benefit you in the long run, rather than hurt you.
Preliminary Alcohol Screening (PAS)
After performing, or declining, field sobriety tests, an officer will likely ask you to blow into their handheld device. This device measures your BAC. This test is slightly different than the breathalyzer you will take later. Much like the field sobriety tests, the PAS determines impairment as well.
Blood or Breath Sample
After the police decide to move forward with your DWI, they will likely take a blood or breath sample at the police station. Of course, as it is your body, you can choose not to submit to this test either. However, doing so is not advised. If you refuse to comply, you will lose your license on the spot. Implied consent laws require that you comply to the breath sample.
How To Say No
It’s important that you understand which sobriety tests you can and cannot, or should not, comply with. When you don’t know your rights, it can be easy to lose out on certain privileges, and the ability not to incriminate yourself. If you choose not to submit to certain tests, it’s important that you do so in a respectful manner. You have no requirement to do certain tests, and choosing not to is perfectly okay. But, it’s important that you understand the consequences if there are any.
