Areas Served
If Asked to Take a Field Sobriety Test, What Do I Do?
Attorney Franks: You have a number of choices. You're not obligated to do a field soberness examination and that isn't the test they are considering for a rejection. If you reject the big Intoxilyzer device at the police headquarters, they can write up a rejection accusation.
As a DUI Attorney, my recommendation is do not do a roadside sobriety examination since they're made for individuals to fail and are really confusing. I had an officer carry out one on me as I would like to know what my customers were going through. I did not pass the field sobriety examination and also I was not under the influence. I constantly inform clients, do not do a roadside sobriety examination. It just gives them ammunition and also it virtually never ever assists my customers.
Lets say I have actually accepted it, and they ask me to watch a thing with my eyes. What are they searching for?
Attorney Franks: The test they're executing is the horizontal gaze nystagmus. They're trying to find shaking of the eyes. If someones on downers, there can be a spontaneous eye activity which does not always suggest alcohol is involved. However alcohol is a downer.
Some police officers will use their finger. That's entering more drug relevant problems, instead of booze. Those policemen need to have certain certifications for those tests to be legitimate.
What occurs if I reject to take the examination?
DUI Attorney Franks: Probably they will have you stand outside, either at the front or rear of your vehicle, or by the police car. They'll offer you that test multiple times. Generally an officer wont offer one time and after that throw you in the back of the police car. They need to prove problems beyond a practical doubt, and also the roadside soberness test is a device.
Officers lug around mobile breath analyzers in the rear of their patrol cars. If you decline, there are no charges. However, you'll most likely be sent to jail. At the prison, you'll be offered the alternative to blow in an Intoxilyzer. Up until you decline to blow in an Intoxilyzer, you will not be written up with a DUI refusal. If you are charged with a DUI rejection, then you would certainly have great grounds to submit a request for breath test refusal hearing.