Field Sobriety And Breathalyzer Tests: Know Your Rights
“Don’t ever take a test you are not sure that you can pass!” This wise advice is nowhere more applicable than in an OUI or DUI investigation. The police cannot force you to take field sobriety tests or breath tests. In fact, they cannot use evidence of refusal against you in court. You also have no legal obligation to take the breath test. This applies to both the portable breath test given roadside as well as the actual breath test given at the police station or in the case of Roadblocks or Roadside Sobriety Check Points, in the B.A.T. van on scene.
If you refuse to take the field sobriety tests or breath test, this cannot be used against you in court. The police may still arrest you and suspend your license for refusal of the breath test administered at the police station. However, without these two pieces of evidence, the prosecution will have a much more difficult time proving a case against you. If acquitted, your attorney may petition the court to order your license reinstated. Do not be coerced into providing evidence against yourself.
What Should I Do If I’m Stopped And Asked To Take These Tests?
In all circumstances, always be polite and respectful to the police officers, even if they are arresting you. From the minute you are stopped roadside through the booking process at the police station, assume that you are on camera. More and more police agencies are using cruiser and booking videos every day. For more than 20 years, Gregory Casale Attorney At Law has successfully challenged improper OUI arrests and driver’s license suspensions for drivers who may otherwise have suffered an OUI conviction and a lengthy driver’s license suspension. He has handled thousands of criminal charges for people just like you.