ArvenSnow t1_j9pmsb7 wrote

Of course! Don't drink and drive. I am not arguing that. If you are truly DUI, I believe you should be charged.

But even if you're sober and innocent, you could still get charged for DUI if you fail a roadside sobriety test when you could have chosen to not take that test.

I was just wanting to help people know their right to refuse that test, because I don't hear it talked about often.


ArvenSnow t1_j9p8gne wrote

Reply to comment by Ro_Yo_Mi in motivation for today 🤙 by georgiobtc

Came here to say this. You do not have to consent to a sobriety field test. When a cop asks you to take one, it means they might not yet have enough evidence to charge for DUI and the test will allow them to gather more evidence to build a more solid case.

Those tests are hard for even sober people and one mistake can get you charged. Not including other factors like if you have physical ailments, adrenaline and/or nervousness, the weather conditions, the pavement condition, and other cars zipping by at speed.

Say as little as possible to the officer because they can claim you're slurring your speech or that you smell like alcohol.

Politely decline the sobriety field test. They can even gather evidence just by asking you to leave your car, by watching you climb out and stand up and then as you idle in place. If asked to step out of the car, politely clarify if the officer is asking you out of the car or ordering you out. If he is asking, then you don't have to consent.

Depending on what state you live in, you can even decline the PBT (portable breathalyzer test I think is what the acronym is. The handheld test anyway) since its results can be faulty or not calibrated correctly. The breathalyzer or blood test back at the station is what really matters because those are more accurate and used as evidence in court. Check your laws or ask with a lawyer who practices in your state.

I would however consent to the PBT if the officer prompts it. Declining both tests might have the officer get a stick up their ass and take you back to the station anyway. Yay for asserting your rights but also walking on eggshells because officers have big egos.

Am not a lawyer =] .