When You Refused Sobriety Testing: Know Your Rights As A Licensed Driver

If you have been charged with driving under the influence of drugs or alcohol, working with a DUI lawyer is the best way to know what your options are. Some people decide to refuse sobriety testing when pulled over. Driving is considered a privilege, not a right. This means that when you are pulled over and you refuse sobriety testing, your license can be suspended automatically. Field sobriety tests are designed to see if there was probable cause for stopping you in the first place. Even if you pass your testing, the officer who stopped you can still arrest you if they believe you are a danger on the road. 

You Have the Right to Refuse Sobriety Testing

When you are pulled over, you don't have to submit to a breathalyzer, blood testing, or other field tests. Unfortunately, this refusal can often lead the officer to believe that you are trying to hide something. While your refusal may have immediate consequences, it is your right to refuse sobriety testing. Implied consent laws, which are laws that state you will agree to sobriety testing for the privilege of having a driver's license, can impact your ability to drive on the spot.

If You Have Refused Sobriety Testing

Once you are arrested for driving under the influence and you refused sobriety testing, it's time to talk with a DUI lawyer. While your refusal may result in automatic suspension of your license or higher insurance premiums, or both, a lawyer can help you establish your court case. You may be able to obtain a provisional license in order to drive to work, and your lawyer may have enough facts to establish that you should never have been stopped in the first place.

When You Are Stopped for a Suspected DUI

It can be difficult to decide what to do on the spot. If you are intoxicated, you may believe that field sobriety testing is only going to hurt your case. At times, this is true. The point of field sobriety testing is to find probable cause, which can be used against you at your arraignment. If you are sober, you have nothing to lose by taking the field sobriety tests because you should pass.

When you are charged with a DUI, a lawyer is often necessary. Even if it your first offense and you believe you are guilty, simply giving in and stating your guilt is not recommended.