Getting pulled over for DUI causes most people anxiety, even if they have not been drinking any alcohol. Encounters with police generally make us nervous and this causes us to make statements and take actions that we shouldn’t.
When you are pulled over for DUI, what you say and do can make a huge difference in the outcome of the situation. The encounter will probably start out as most others do. The officers will ask you for your name, driver’s license and vehicle registration.
Provide this information but do not say anything else. If the officers suspect you of drunk driving, they will next ask if you have been drinking. You do not need to answer this question. In fact, you should not answer this question, even if you have not had any alcohol.
Statements you make could be used against you later. For example, if you say you have not been drinking but then fail field sobriety tests, the officers could conclude that you were lying about not drinking.
However, you can fail field sobriety tests when you are sober. No matter what you answer when asked if you were drinking alcohol, you may be asked to take field sobriety tests.
What are field sobriety tests?
Field sobriety tests are a series of tests designed to measure your balance, memory and coordination. There are various types of field sobriety tests but three common tests are the horizontal gaze nystagmus test, the walk-and-turn and the one-leg stand test.
The horizontal gaze nystagmus test involves following a small object, usually a beam of light, with your eye, without moving your head. The walk-and-turn test requires you to walk in a straight-line heel-to-toe for nine steps, then turn around and walk back the same way.
In the one-leg stand test, you must balance on one leg until the officer tells you to stop.
If these tests sound daunting, it is because they are. Many people fail these tests when they are sober.
Health issues, medication or simple nervousness can cause you to be unsteady on your feet or unintentionally clumsy.
You do not want to take the chance of failing field sobriety tests. In Georgia, you have no legal obligation to take field sobriety tests when you are asked. You are legally allowed to say no when the officers ask you to take these tests.
How to say no to field sobriety tests
It may be hard to say no. We often naturally feel that we must comply with officers’ requests. Saying no can be challenging.
Be polite but firm when you refuse the tests. Do not explain your reasons for saying no. Be clear in your answer. Do not say you are not sure or you don’t know if you want to take them. Say no.
Do not ask the officers if you must take the tests. They may give you incorrect information.
Failed DUI tests give police officers probable cause to arrest you for DUI. The failed tests might be the only evidence prosecutors have. Therefore, you must know how to challenge their admissibility in your defense.