Getting pulled over for a DUI is a nerve-wracking experience. It is also one that can make you feel powerless - as if you have to comply. You do have rights, however, and you should exercise them to the fullest extent. This includes your right to refuse a field sobriety test. Before you do, though, there are some things you should know. The following explains further, and provides you with some key information on how to ensure all of your rights are protected in the face of a DUI charges case.
The History and Use of the Field Sobriety Test
Developed and first implemented in the 1970s, the field sobriety tests are the standard method officers use to determine if a driver may be intoxicated. They are not quite as fail-proof as some might lead you to believe, however. In fact, sober people can find it difficult to pass the field sobriety test. This can be especially true for someone who suffers from a medical condition that causes poor balance or lack of eye coordination. One can also fail the test for other reasons that are completely unrelated to intoxication (i.e. fatigue, stress, etc.). Yet field sobriety tests are used to make DUI arrests each and every day.
Your Right to Refuse the Test
As a citizen of the United States, you have the right to refuse the field sobriety test - and you most certainly should if you are intoxicated when stopped. Unfortunately, that right does not prevent you from being arrested, nor does it eliminate the possibility of criminal charges. Your refusal may also be used a evidence in your case since the courts tend to view it as consciousness of guilt. This might be true, but it does not make your refusal an automatic admission of guilt. Still, the court may try to use it this way, which is why you need an attorney that understands both your rights and the DUI criminal process.
How an Experienced Attorney Can Help
While it is impossible to predict the outcome of any case beforehand, those that seek assistance from an experienced DUI attorney tend to have more favorable outcomes than those that attempt to fight their charges alone. This is because attorneys are familiar with the law and they fully understand your rights. Furthermore, an attorney may be able to mitigate your case, even if there is solid evidence against you.
Do not fight your DUI alone. Instead, contact Scott F. Anderson, Attorney at Law, and get the aggressive representation you need. Backed by more than 25 years of experience and dedicated to protecting your rights and future, our Arlington Heights DUI defense lawyer will work hard to achieve the most favorable outcome possible in your case. To learn more, call 847-253-3400 and schedule your free consultation today.
Client accused of burglary was acquitted due to our skillful cross examination of eye witness identification.
Client accused of causing the death of another while driving under the influence - Acquitted.
Client accused of first degree murder - Acquitted.
Client accused of embezzlement - Charges never filed.
Hundreds of Secretary of State hearings for Drivers License Reinstatement - Won.