Consequences If I Refuse a Sobriety Test
Published 11/30/17 by Admin
Driving after drinking is a very dangerous and illegal activity. If a police officer sees you driving erratically, you will be pulled over and asked to submit to field sobriety tests. While you have the legal right to refuse the tests, you could still be arrested for DUI, especially if the officer has probable cause that you have been drinking. This is determined by the pattern of your driving or the odor of alcohol on your breath.
Field Sobriety Tests
There are several tests an officer can ask you to perform. The National Highway Traffic and Safety Administration (NHTSA) officially endorses the following:
• Walk-and-turn
• One-leg stand
• Horizontal gaze nystagmus
These tests are used to determine your level of intoxication. You can legally refuse the tests even if the officer asks you to perform them more than once. If the officer suspects you are drunk, you will be taken into custody whether you submit to testing or not. An intoxicated person will smell like alcohol, have watery and bloodshot eyes, a flushed face and will walk unsteadily. The person will also exhibit problems with thinking and speaking.
Consequences of Refusal
If you refuse a field sobriety test and are arrested anyway, you will need the services of an Ohio criminal defense lawyer for your case, and to help you keep your license. If the case goes to trial, then your case will go before a judge, and the arresting officer will testify about your arrest. Along with possible jail time, having your license revoked will make it more difficult to get to work and go about your daily life. Many times though it is possible to obtain driving privileges for you.
If you or someone you know has been arrested for DUI, contact the law offices of Barr, Jones & Associates LLP to discuss your options and prepare a defense.