Areas Served

If asked to take a field sobriety test, what do I do?

DUI Defense Lawyer Franks: You have a couple of options. You don't have to do a roadside sobriety examination, which isn't the examination they are looking at for a rejection accusation. If you refuse the big Intoxilyzer device at the police headquarters, they can do a rejection charge.

My advice is do not do a roadside sobriety test since they're created for individuals to fail and also are extremely befuddling. I had an officer perform one on me as I wanted to know what my clients were undergoing. I didn't pass the field soberness examination, and I was not drunk. Field soberness tests give the cops ammo, as well as it seldom assists my customers.

If the cops ask me to follow an object with my eyeballs, what are they seeking?

Lawyer Franks: The examination they're doing is the horizontal gaze nystagmus. They're searching for shaking of the eyes. If somebody's on depressants, there can be a spontaneous eye movement which doesn't necessarily indicate booze is included. But booze is a depressant. That's getting involved in even more drug-related impairment in contrast to booze. Officers have to have particular certifications for those tests to be valid.

What takes place if I refuse to take the test?

DUI Defense Lawyer Franks: They will certainly have you pose at the forward part or back of your car, or by the patrol car. They'll offer you the test several times. They have to show impairment beyond a reasonable doubt, and also the field soberness examination is a tool. If you refuse, there are no penalties. Nonetheless, you'll likely be taken to the jailhouse, and also you'll be provided the option to blow in an Intoxilyzer. Until you decline to blow in an Intoxilyzer, you will certainly not be charged with a DUI refusal. If you are charged with a DUI rejection, after that you would certainly have great premises to submit a petition for a breath examination rejection hearing.

If they take me to prison, is there any kind of method can I decline the examination there?

Attorney Franks: You can refuse every test supplied to you, however that is a separate charge of DUI rejection, which leads to the suspension of your license for 4 months. The Department of Public Safety will mail a letter to the address on your license, which's vital since a great deal of individuals move and fail to remember to upgrade their license. You have ten days to submit an application with the county or circuit court, relying on the county, as well as set that in front of a court to figure out whether or not a breath test rejection happened. If the police officer never supplied it to you at the police station, after that no rejection took place.

If I didn't have my Miranda Rights explained to me, can my court case be dismissed?

Attorney Franks: Miranda Rights are explained to a person when they are placed under arrest. After that you are told you have the right to a lawyer and you have the right to remain silent. Termination of your case is not the remedy for failure of an officer to read your Miranda Rights. The solution for not explaining someone their Miranda Rights is, anything the person states under arrest can't be made use of against them in a law court. If the police officer does not read your Miranda Rights, and also they jail you, and you say, "I was drunk", that's most likely will be excluded from testimony at court.