What Happens if You Refuse to Take a Sobriety Test When Stopped for DUI?
Driving under the influence (DUI) is a serious offense that can lead to severe legal and personal consequences. If you are pulled over under suspicion of DUI, you may be asked to take a field sobriety test or a chemical test (like a breathalyzer). Refusing to take these tests can have significant implications, even if you believe you are within your rights. Here’s what you need to know about refusing sobriety tests.
Types of Sobriety Tests
- Field Sobriety Tests (FSTs): These include tasks like walking a straight line or standing on one leg. They assess your coordination and balance.
- Preliminary Breath Test (PBT): A portable device used on-site to estimate your blood alcohol content (BAC).
- Chemical Tests: Conducted at the police station, these involve breath, blood, or urine samples to measure your BAC.
Implied Consent Laws
When you receive your driver’s license, you agree to implied consent laws, which require drivers to comply with chemical testing if lawfully arrested for DUI. Refusing these tests can lead to penalties, even if you are not found guilty of DUI.
Refusing a Field Sobriety Test
Field sobriety tests are typically voluntary in most states. Refusing these tests may not result in automatic penalties, but it could:
- Raise suspicion with the officer.
- Be used against you in court as evidence of intoxication.
Refusing a Chemical Test
Refusing a chemical test after being arrested for DUI carries harsher consequences due to implied consent laws. These may include:
- Immediate License Suspension: Your license could be suspended for a year or more, depending on the state and any prior offenses.
- Evidence in Court: Prosecutors may argue that your refusal indicates you were trying to hide impairment.
- Fines and Penalties: Refusal often results in additional fines or mandatory installation of an ignition interlock device.
- Enhanced Sentences: If convicted, your penalties may be more severe due to the refusal.
Should You Refuse?
While you might think refusing the test could protect you, it often complicates your legal situation. Key considerations include:
- State Laws: Some states impose strict penalties for refusal, which can sometimes be worse than the DUI penalties themselves.
- Legal Presumptions: Refusal might lead a jury to assume guilt, which could harm your defense.
- Probable Cause: If the officer has other evidence of impairment (slurred speech, erratic driving, etc.), your refusal won’t prevent an arrest or conviction.
What to Do If You Refuse
If you decide to refuse a sobriety test, take these steps:
- Stay Calm and Polite: Do not argue or resist the officer.
- Exercise Your Rights: You can decline to answer questions without an attorney present.
- Contact a Lawyer Immediately: DUI cases and refusals are complex; a skilled attorney can help navigate the legal system and build a strong defense.
The Bottom Line
Refusing a sobriety test might seem like a good idea in the moment, but it can lead to significant legal challenges. Understanding the laws in your state and consulting an experienced DUI attorney can help you make informed decisions and protect your rights.
Have you or a loved one been charged with a DUI or faced consequences for refusing a test? Contact our office today for a confidential consultation. We’re here to defend your rights and guide you through the legal process.
Alexander Truluck focuses his practice as a criminal defense attorney in Clearwater, Palm Harbor, Largo, Dunedin and the Tampa Bay area.
For more information, visit our website at http://www.criminallawyerclearwaterflorida.com
or call (727) 799-3550.