Posts tagged DUI field sobriety tests

Abby Wambach, U.S. Soccer Champ Charged with DUI

Anyone can make a mistake!  U.S. women’s soccer champion, Abby Wambach, recently made a mistake early this month when she was arrested for DUI after having dinner at a friend’s house.  She has taken the high road, admitting she made a mistake of deciding to drive under the influence of alcohol and more importantly voiced that she will not do it again, “I take full responsibility for my actions. This is all on me. I promise that I will do whatever it takes to ensure that my horrible mistake is never repeated.”

Soccer player for DUI blog, "Abby Wambach, U.S. Soccer Star Charged with DUIRetired soccer forward, Abby Wambach, was heading home late Saturday night, April 2nd, when she was arrested for DUI.  According to Portland Oregon police reports, the 35-year old soccer phenomenon ran a red light in her 2014 Range Rover.  Police pulled her over and immediately suspected she had been drinking.  The police asked Abby to take the DUI field sobriety tests and she did trying to be cooperative.

David O Defense always suggests to respectfully refuse to take the DUI field sobriety tests, because they are voluntary tests.  The tests are very difficult on purpose so that individuals will fail.  Even a supreme athlete, such as Abby Wambach, two-time Olympic Soccer gold medalist and six-time winner of soccer athlete of the year, cannot pass the DUI field sobriety tests.

After failing the DUI field sobriety tests Abby was taken to Central Precinct in downtown Portland.  There at the station Abby took a breath test, which she also failed.  She was later released from the precinct after processing.

Soon after Abby released a remorseful message on her Facebook page;

Last night I was arrested for DUI in Portland after dinner at a friend’s house.
Those that know me, know that I have always demanded excellence from myself. I have let myself and others down.
I take full responsibility for my actions. This is all on me. I promise that I will do whatever it takes to ensure that my horrible mistake is never repeated.
I am so sorry to my family, friends, fans and those that look to follow a better example.
– Abby

The moral of this story is that anyone can make a mistake.  Hopefully most can follow Abby Wambach’s example by owning up to their mistake, doing what needs to be done to correct their mistake, and then making sure it doesn’t happen again.

Good luck with your DUI case!

3 Big Mistakes made by a Drunk Driver found in Jennifer Aniston’s Yard

A little over a week ago, on Saturday March 14, a man allegedly DUI (driving under the influence) hit a curb and plowed his car through Jennifer Aniston’s yard.  Talk about someone being star struck, or better yet; a star’s yard being struck.  From my legal perspective as a DUI and criminal defense attorney, three major mistakes were made by this alleged drunk driver, which I will elaborate on after sharing the story.

It was reported that Aniston’s security guard immediately called 911 to handle the unusual situation.  Police showed up to the actress’ Bel Air estate a little after 8:30 pm.  Upon questioning, the man told police that he was not the driver of the car, and that someone else had been behind the wheel.  Unfortunately, his claim was quickly shot down due to the un-arguable video footage recorded by Jen’s state-of-the-art surveillance cameras clearing showing the man as the driver.

Police suspected the man of DUI and asked him to take the voluntary DUI field sobriety tests.  Unfortunately, the man agreed to the tests – and needless to say he failed miserably and was arrested for DUI.

From my professional point of view, there were clearly 3 Big Mistakes made by this alleged drunk driver right from the get go;

1. He failed to immediately contact his DUI criminal defense lawyer. When in any type of accident related to drunk driving, or driving under the influence of drugs, the first thing an uninjured person should do is call their DUI criminal defense attorney. Their attorney will be able to provide advice on what to do and what not to do. If you do not have a DUI lawyer’s phone number programmed into your cell phone, do so now; David O Defense (206) 459-6392, we are available 24/7.

2. Don’t talk to law enforcement without your attorney present.  This man tried to talk his way out of being arrested for DUI by saying he wasn’t the driver, however, his statements were proven to be lies and now he could face the additional criminal charge of obstruction.  Additionally, by lying he has tarnished his credibility.  If he would have exercised his right to remain silent, and chose not to talk to cops, he would be in a much better position to defend his DUI charge.  Don’t talk to cops.

3. Don’t agree to take the DUI field sobriety tests, they are voluntary.  The man chose to take the DUI field sobriety tests and he failed, as most people do.  The tests are challenging and can be difficult to pass even when an individual is sober.  Additionally, the tests are voluntary and police must respect an individual’s decision to not take the tests.  By not taking the DUI field sobriety tests, a person is generally in a better position for defending their DUI charge.

Will I Get in Trouble if I Refuse to Take the DUI Field Sobriety Tests?

The answer is NO, you will not get in trouble if you refuse to take the DUI field sobriety tests because they are voluntary tests.  Meaning any person asked or told to take the field sobriety test has the legal right to decide if they want to take the test or not.  If an individual refuses to take the test, the officer must comply with their choice and continue the DUI investigation without any field sobriety tests.  That individual will not incur any consequence because he or she exercised their right to refuse the voluntary tests.

So why do so many people end up taking the DUI field sobriety tests?  The number one reason is that they are uninformed about the “voluntary” aspect.  Officers are legally required to tell every individual that the field sobriety test are voluntary, however, many officers fail to use the word voluntary.  Instead, they use words and phrases that make the individual feel obligated to take the field tests, such as, “next you will perform the DUI field sobriety tests,” or “Let’s begin the field sobriety tests.”  And thus many people have taken the field sobriety tests without having knowledge that the tests were voluntary.

Additional reasons people take the DUI field sobriety tests include; being scared and nervous; wanting to cooperate with the officer; and lastly being heavily intoxicated which often hinders good decision-making.

Here at David O Defense, we always recommend the refusal of the DUI field sobriety tests. The tests are difficult and set up in a manner in which most people will fail.  Later the failed test results may be used against an individual when prosecuting them for the DUI.

 

David O Defense
2211 Elliott Avenue, Suite 200 Seattle, WA 98121
Tel: 206.459.6392
Fax: 888.615.0237
Email: david@davidodefense.com