If you are at risk of receiving a DUI, you probably have many questions. Or, you may simply want to learn everything you can so you are prepared in case you are ever pulled over. Regardless, this simple guide will go over one of the most common questions related to DUI’s. Remember, you should always hired a DUI attorney if you have been charged with driving while intoxicated or under the influence of other mind-altering substances. This guide is no substitute for real legal representation.
Sobriety Tests After Being Arrested
You may have heard that you are not required to take a sobriety test. This is actually true in the majority of cases. If a police officer requests that you take a sobriety test, you can simply decline. However, if you have already been arrested, then the sobriety test is mandatory. You may have been arrested for something unrelated, or there may have been other evidence of drunkenness which resulted in your arrest. Regardless of the circumstances of your arrest, once you have been arrested, you can no longer legally decline the sobriety test.
Remember, if you were wrongfully arrested, then a failed sobriety test is inadmissible in court. This means that you cannot be charged due to evidence that was discovered after a wrongful arrest. Officers need probable cause in order to arrest anyone, and probable cause absolutely has to be found prior to the arrest.
In addition to sobriety tests being mandatory after arrest, there are two other reasons a sobriety test may be mandatory:
- You are on probation for a DUI
- You are younger than the legal drinking age
If either of these apply to you, you should not resist taking the sobriety test, or you may find yourself in more trouble. Finally, it is always in your best interest to decline the sobriety test unless one of the scenarios where it is required applies to you.
Other Tips
- Always be polite to the police officer.
- If you are arrested, even wrongfully arrested, never resist. Resisting arrest is a crime.
- Do not argue with the officer.
- Do not answer any questions. Many officers ask questions in hopes that someone will accidentally admit guilt.
- Do not lie to a police officer. This is also a crime.
- If asked to exit the vehicle, do so immediately.
- Keep your hands on your steering wheel as long as you remain in the vehicle.
- If you are arrested, contacting a DUI attorney should be the very first thing you do.