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

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.

 

“8 Mile” Actor Popped For DUI

“8 Mile” Actor Popped For DUI

Actor Anthony D. Mackie, well known for starring in movies such as “8 Mile,” “Hurt Locker,” and “Notorious,” was arrested early in the morning on November 9th by New York City Police for DUI (driving under the influence).

According to NYC police, the 35-year-old actor was initially pulled over at 1:22 a.m. in Harlem for driving a vehicle with tinted windows.  Allegedly, when police approached Mackie’s vehicle to collect driver’s license and vehicle registration information they detected a strong smell of alcohol on Mackie’s breath and noticed his eyes were watery and bloodshot.  The officers suspected Mackie of drunk driving and asked him to perform the voluntary DUI field sobriety tests.

Mackie supposedly failed many of the sobriety field tests, was arrested for DUI, and was taken to the police station for booking.  While at the station, police asked Mackie to blow into the breathalyzer machine to determine his BAC (blood alcohol concentration) level, Mackie refused.  Because of the refusal to blow into the breathalyzer machine, NYC automatically suspended Mackie’s driver’s license for one year and fined him $500.00.

Here in Washington State, if an individual refuses to blow into the police station breathalyzer machine, a police officer will inform that individual that they will lose their driver’s license for one year.  However, the police are being somewhat misleading when stating “you will lose your driver’s license if you refuse” because an individual has the opportunity to request a hearing from the Washington State Department of Licensing to contest the loss of their license.

The experienced DUI lawyers at David O Defense have successfully defended many individuals in Washington States during DOL (department of licensing) hearings allowing those individuals to maintain their driving rights and privileges.  If you need representation for a DUI charge, DOL hearing, or have any questions about DUI consequences give us a call to schedule a free consultation 206-459-6392.

 

Written by S.O

Forced Blood Draws If Suspected Of DUI?

Forced Blood Draws If Suspected Of DUI?

Here in Washington State, an individual that is under suspicion of DUI (driving under the influence) has the right to refuse the field sobriety tests and portable breath test administered by law enforcement because these tests are voluntary.  An individual suspected of DUI also has the right to refuse to take the breathalyzer test at the station, however, they may face a one year driver’s license suspension by the DOL (department of licensing) because of the refusal.  Once an individual has refused the breathalyzer test, the burden of proving that individual is DUI is upon the arresting officer, thus the officer may call a judge to obtain a search warrant to obtain a blood draw sample from that individual.  Next that individual will be taken to a hospital where a nurse will take a sample of their blood to determine their BAC (blood alcohol content) levels.

Not all States follow this same procedure when handling persons suspected of DUI that have refused the breathalyzer test.  Georgia has their own legal methods of drawing blood samples from refusal individuals that are called “Forced Blood Draws” or “Forcible Blood Draws.”

Once a Georgia officer has obtained a search warrant from a judge for a blood draw, the “forcible” part of the blood draw comes into play when multiple police officers hustle a DUI suspect into a small room at the station, strap them onto a cot or table with multiple tethers, put them into a head lock, and wait for a nurse to draw their blood.  All individuals are treated in the same manner, strapped down and put into a head lock, even if they are completely calm and compliant.

This type of blood draw by restraints has become very controversial.  Many citizens have expressed this is a violation of our constitutional rights, it is animalistic, an unnecessary intrusive experience, and just plain terrifying.  A few of the comments posted after the news brief, DUI suspects face forced blood draws in some Ga. counties, found on www.myfoxatlanta.com read, “this is wrong. its all about control. no rights.” and “This is very wrong and the justice system is failing in a big way.”  Other people are saying this forceful procedure is completely justified if a DUI suspect isn’t being compliant by taking the breathalyzer test.

Police officers are justifying the procedure by saying these (restraints and headlocks) are necessary precautionary measures to ensure no one gets hurt.  They also claim these forced blood draws have increased their DUI conviction rate.

Just a reminder of our Fourth Amendment:

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Written by S.O