July 25, 2018 | DUI

DUI SERIES ON FIELD SOBRIETY TESTS

A common question we receive from our clients who have been charged with Driving Under the Influence is whether they were required to submit to the battery of field sobriety tests that they are put through in a DUI investigation. Often DUI these clients say or ask things such as:

• “I was polite and did everything the officer asked me!”
• “I couldn’t complete the field sobriety tests they made me do regardless of whether or not I was drinking!”
• “I did a great job on the field sobriety tests, why did I get arrested?”
• “The officer told me if I just completed a few tests they might let me get on my way!”

If you have been stopped and the stop has escalated to a situation where an officer asks you to step out of your vehicle it means that they already suspect your or driving under the influence and it is their absolute intention to arrest you for a DUI. Everything that happens once you step out of the car is intended to develop the requisite evidence for obtain that arrest.

What many people don’t realize is that when the law enforcement officers ask you to perform some “simple tests” for them, you are not obligated to submit to the field sobriety tests. Regardless of how many times an officer asks you, how nicely they ask you, or what they represent to you, the only reason you are being asked to submit to field sobriety testing is to create the additional evidence needed to arrest you.

The Fourth and Fifth Amendment of the United States Constitution protect your rights to be free from unreasonable searches and seizures and your right not to incriminate yourself. This means that you do not have to make incriminating statements, this includes performance of field sobriety tests.

We suggest you politely and respectfully decline to perform any field sobriety testing. Regardless, of what a law enforcement officer tells you it is not in your interest to agree to perform any field sobriety testing. The only reason they are asking you to perform the testing is because they already suspect you are intoxicated. This suspicion will skew their perception of how you performed the field sobriety testing and they will arrest you regardless of how well you feel you performed on the field sobriety tests.

When you are stopped it is our recommendation that you have as little interaction with the officer as possible and be respectful while protecting your rights. Have you driver license, insurance and registration in an easy to access location and ready before the officer arrives to your door. Open your window just enough to hand them your documents through the opening. From there you have the option to say nothing and simply hand them the documents, which we suggest, as the second you open your mouth they are listening to your voice for slurred speech, smelling for the odor of alcohol, and observing your behavior.

If you are uncomfortable not responding you can simply state “Why did you stop me?” “I am not talking about my day.” “Am I free to go or am I being detained?” If you are being detained simply state, “I invoke the 5^th”.  The more that you say and do the more evidence the State will have against you and the more evidence you will have to fight against when you are charged with a DUI.

You do not have to be rude, derogatory, demeaning, or anything other than respectful to utilize this type of tactic. Simply remember the less you say and the less interaction you have the better. If you are pulled over and you are drinking you must assume that you are going to get arrested for driving under the influence, even if you have only had a few drinks. The goal with our suggestions is to receive a ticket for a traffic violation and be free to go. There is no getting out of this situation with no ticket and no consequences, you accept that fact when you get in the car after drinking.

If you have been charged with a DUI and have questions, feel free to call our office to discuss your case.