Talk to Your DUI Lawyer – Why You Shouldn’t Do Sobriety Tests
By Colin Daives
Being pulled over for being suspected of driving under the influence isn’t exactly a nice experience. If you are ever pulled over then the officer will probably request you to do a field sobriety test. There are a number of different types of these tests, some of the simplest are to walk in a straight line, saying the alphabet backwards, or balancing on one leg. These tests are no good if you are innocent because they do not offer you a way to clear yourself, they only provide the police with evidence which they wouldn’t otherwise have.
Lots of people are under the impression that when they are stopped by the police that they have to do everything the officer says. In fact the only thing you actually have to do is get out of the car if the officer asks and show your ID. You have no need to do these tests if you don’t want to. This doesn’t mean that you should argue your case, but instead you should politely refuse. These are not necessary and are not going to help you. There is no reason why you should take these tests because they do nothing to help. If you refuse to do these tests then the police will have much less evidence against you which will be a great help.
These tests do not show that you are drunk; the only reason for doing these tests is to show probable cause for arresting you. If you don’t want to do the test then the officer will have to make a difficult decision of whether or not to arrest you. If you are asked to do the tests then you will probably be arrested anyway. Your DUI lawyer should find it much easier to fight your case if you haven’t done the test, if you failed the test then this could be more difficult. If the DUI attorney can show that there was no probable reason for your arrest then they can make other evidence inadmissible.
If you allow these sobriety tests when you are pulled over then this will only damage your case. These tests are very unreliable and many sober people will fail these tests anyway. You shouldn’t do any of these tests because there’s no need to. These tests are also normally done on very busy roads which makes it difficult for anyone to do them.
Another problem with sobriety tests is that there are no clear pass or fail marks. The results are down to the judgment of the officer. This is the same officer who obviously already thinks you are drunk. Most people actually think that these tests have been designed specifically to be failed. These tests have very certain rules, however not many officers follow these guidelines. If you choose a good DUI attorney then you will be able to get most of these tests ruled as inadmissible in court.
You must contact a DUI lawyer as soon as possible after being arrested for DUI. Your lawyer needs to advise you and tell you the best ways to fight your case. You must find out how you should behave so that you don’t make yourself look guiltier. If you have already done field tests then you need to talk to a DUI attorney for advice.
Colin Daives writes general information articles about criminal and DUI law. Each state has different laws and every case is unique. His articles are not meant to be legal advice. To learn more, contact a Denver DUI attorney or for assistance with your case in the state of Colorado, contact a Colorado DUI lawyer today.
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