You never have to take a field sobriety test.
Imagine this: you’re on your way home from a friend’s house after a few glasses of wine. You know your tolerance, and that you are safe to drive based on the amount of alcohol that you had over a period of a few hours. But when you see flashing lights in your rearview mirror, you freeze. What should you do?
DUI
stops can be scary. Most people have very few encounters with the
police, and may never have been stopped to see if they have committed
a crime. The decisions that you make during the course of this stop
can affect whether or not you will be charged with the crime of
driving under the influence or not. According to a DUI lawyer in Los
Angeles, CA, learning your rights is critical to protecting your
freedom.
As
an initial matter, you are not required to engage in conversation
with the police officer. You do need to identify yourself/provide
identification, but you do not have to answer questions about where
you are coming from or how many drinks you have had. Even answering
innocent questions, like how your week is going, could be risky, as
the officer wants you to talk in order to smell your breath for
alcohol. Politely decline to answer, and wait patiently while the
officer runs your license.
You may be asked to take a preliminary alcohol screening (PAS), which may also be referred to as a roadside breathalyzer. There are only two situations where you are required to take a PAS: (1) if you are under the age of 21 and suspected of violating California’s zero tolerance laws; and (2) if you are currently on DUI probation. Otherwise, it is your right to decline to take a PAS without consequence. If you do decide to take a roadside breathalyzer test, the results could be used as a basis for your arrest and may be used against you in court. Importantly, this rule only applies to breath tests before you are arrested. If you refuse a chemical breath or blood test after being arrested on suspicion of DUI, then you will face additional consequences, including the loss of your license and enhanced DUI penalties.
A law enforcement officer may also ask you to perform a series of field sobriety tests, such as walking heel to toe in a straight line and then turning, or standing on one leg while counting and looking down at your foot. There are many reasons why you might fail these tests other than being intoxicated, such as having a disability that makes it hard for you to balance. You are not required under any circumstances to take a field sobriety test. In fact, an experienced DUI lawyer in Los Angeles, CA will generally recommend against doing so. Taking field sobriety tests can only hurt you, as they can be used as justification for your arrest and against you in court.
Understanding your rights during a DUI stop may prevent an unjust arrest. If you have been charged with a California DUI, the Chambers Law Firm can help. Contact us today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation with a DUI lawyer in Los Angeles, CA.
