Know Your Rights: Sobriety Tests and Driving Under the Influence
Driving under the influence (DUI) is a serious offense with potentially life-altering consequences. A conviction can remain on your record, impacting your personal and professional life for years. If you’re stopped by law enforcement on suspicion of DUI, understanding your rights regarding sobriety tests is crucial.
Field Sobriety Tests vs. Breathalyzer Tests
When law enforcement suspects you’re driving under the influence, they may ask you to undergo one or both types of tests: field sobriety tests and breathalyzer tests. While these tests serve similar purposes, they are distinct in how they’re administered and their legal implications.
Field Sobriety Tests
Field sobriety tests, such as the Horizontal Gaze Nystagmus Test and the Walk-and-Turn Test, are designed to evaluate coordination and motor skills. The results are highly subjective, relying on the officer’s interpretation of your performance.
Your Rights:
You are not legally required to take a field sobriety test. You have the right to politely decline, which can prevent the officer from using potentially flawed or biased results as evidence against you. However, refusal to participate may lead to further action, such as being taken to the station for additional testing.
Breathalyzer Tests
A breathalyzer measures your blood alcohol content (BAC) by analyzing a sample of your breath. If your BAC is 0.08% or higher, you are over the legal limit and may be arrested for DUI.
Your Rights:
While field sobriety tests are optional, refusing a breathalyzer or blood test can carry severe consequences under Missouri’s “implied consent” laws. Refusal may result in:
- Immediate license suspension.
- A misdemeanor charge.
- Use of your refusal as evidence in court.
In most cases, it’s advisable to comply with the breathalyzer test. If you believe the results are inaccurate, an experienced DWI attorney may be able to challenge their validity in court.
Field Sobriety Tests: Why They’re Controversial
Field sobriety tests are not foolproof and can be influenced by factors unrelated to alcohol consumption, including:
- Medical conditions or physical limitations.
- Improper test administration.
- Faulty or outdated equipment.
- Stress, fatigue, or environmental factors.
If you suspect your sobriety test results were inaccurate, contacting a Missouri DWI attorney is critical. A skilled attorney can analyze the circumstances of your case and may be able to suppress inaccurate test results in court.
Take Action: Protect Your Rights and Your Future
If you’ve been arrested for DUI, the decisions you make now can have long-term consequences. Understanding your rights regarding sobriety tests and consulting an experienced attorney are essential steps in building a strong defense.
At Bouhasin Law Firm, we are dedicated to protecting your rights and securing the best possible outcome for your case. Contact us online or call (314) 832-9600 for a free consultation to discuss your situation and learn how we can help.