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  • Writer's pictureJay Ingrum

Navigating a DUI Stop: Essential Advice for Handling Field Sobriety Tests

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Navigating a DUI Stop - Ingrum Lawyers


If during a traffic stop the officer asks you if you have had anything to drink or if you have any drugs in your system and your answer would be yes, then it is better to say nothing than to not tell the truth. However, if you admit to drinking alcohol or to taking prescription or street drugs, then this admission against interest will be used against you in a court of law.

 

Typically, the police officer will ask you to take several standard field sobriety tests.  Field sobriety tests are not mandatory, but if you refuse to take the field sobriety tests, then that will likely be held against you by the district attorney’s office and by the judge or jury because you refused to cooperate. If you agree to take the field sobriety tests, then they will be administered to you right then and there.  If you take the field sobriety tests and fail them or if you refuse to the take the field sobriety tests, then the officer will typically read you the implied consent form if they believe that you are intoxicated or impaired in any way. This form informs you that if you refuse to give blood to be tested that your driver’s license will be suspended due to your refusal to give blood.  You will be placed under arrest for DUI, and if you refuse to give blood at the hospital for blood alcohol content testing or toxicology testing, then the officer will obtain a search warrant for your blood, and you will be charged with an implied consent violation on top of being charged with a DUI.

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