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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.

 

3 Kids + 2 Cows + 1 DUI Equals Major Trouble for a Nevada Women

3 Kids + 2 Cows + 1 DUI Equals Major Trouble for a Nevada Women

Twenty nine year-old, Tori Dawn McKinnley, of Nevada made some major mistakes on July 16th.  According to Mohave County sheriff’s reports, Tori had been heavily under the influence of alcohol when she ran her pickup truck into two cows and continued on to the local convenience store.

At approximately 10:25 pm officers approached the pickup truck at the convenience store and noticed front end damage.  They discovered Tori’s three children in the back seat of the pickup, ages 6, 7, and 9.  After making sure the kids were ok, the officers questioned the kids about their mother and the truck.  The children told the officers that their mother had hit two cows while driving on Stockton Hill Road.  Seconds later, Tori came out of the convenience store and pointed at the front of her pickup and said, “cows.”

Officer’s immediately suspected McKinnley of DUI, driving under the influence.  She smelled of alcohol and admitted to drinking two beers.  After failing the DUI field sobriety tests, the mother of three was arrested and taken to jail where her breathalyzer test results revealed a BAC level of 0.243, over three times Arizona’s legal limit of 0.08.  Obviously, Tori had a bit more to drink than 2 beers.

McKinnley’s kids were taken to a local hospital due to one of the kids complaining of leg pains.  They all checked out fine and were released to a relative.

Tori was thrown into Mohave County jail and charged with three counts of felony aggravated DUI, for having three passengers under the age of 15 in her vehicle while DUI, and one felony aggravated DUI for driving on a suspended driver’s license.  Tori had her license suspend in 2013 when she received a DUI out of Nevada.  Tori is facing some serious chargers and will definitely need to hire a reputable DUI lawyer to help fight her case.

As for the cows, no mention was made, but there is a high likelihood that Tori will be responsible to reimburse the owner for any veterinary expenses or losses that occurred.

iStock_000004179972_Small - Cows for DUI blog

 

 

 

 

 

Written by Sarah Ann

 

Judge Throws The Book At Dina Lohan During Her DUI Sentencing

Judge Throws The Book At Dina Lohan During Her DUI Sentencing

Judge Engel was obviously fed up with Dina Lohan when he lashed out during her DUI sentencing saying, “The only person responsible for this ordeal is Miss Lohan.  She is just lucky nobody was killed.  She may not be as lucky next time.”  And the only response to Judge Engels lecture was from Dina Lohan who replied, “There will not be a next time.”

Dina Lohan is well-known for being the troubled mother of her troubled daughter,  actress Lindsay Lohan.  Both Dina and Lindsay have had multiple run ins with the law, including DUI charges, and seem to spend a majority of their time in court rooms with their criminal defense attorneys.  Dina Lohan racked up her most recent DUI charge last September, when she was allegedly speeding 77 mph on a 50 mph road in Long Island, New York.  Reportedly her breath test result registered at .20, over twice the legal DUI limit of .08.  Just last month, on April 15th, Dina was accompanied by her defense lawyer and pled guilty to the DUI and speeding charges.

Earlier today, Dina Lohan was sentenced by Judge Engel for the DUI and speeding charge.  He ordered Lohan to 100 hours of community service and revoked her driver’s license for one year.  Judge Engel also ordered Lohan to have an ignition interlock device installed on her car for an additional full year once she becomes eligible to reinstate her drivers’ license.  According to courtroom sources, Dina will also have to attend a victims panel, complete a mandatory drinking and driving program, and finish paying court fines and fees.

Hopefully Dina Lohan will be responsible for her ordeal, and in her words, “There will not be a next time.”

 

Written by Sarah Ann