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.
This coming Saturday, June 28th, the DUI defense attorneys at David O Defense will be participating in the Walk for Rice fundraiser. What is the Walk for Rice? It is a 2.5 mile walk/run open to all age participants and leashed dogs, that raises funds to help the Asian Counseling and Referral Service (ACRS) buy food for the ACRS Food Bank.
According to the Asian Counseling and Referral Service, “ACRS Food Bank is the one of the most visited food banks in King County, and the only one in the state that regularly acquires foods to meet Asian Pacific dietary needs. More than 5,000 people a year rely on our Food Bank and Nutrition Programs to have enough to eat. Most are children under 18 years old or seniors over 55; most come from low-income, Asian Pacific American households. The food bank, located in Seattle’s International District, provides items like rice, tofu, ramen, fish and fresh produce. Our goal is to help clients lead healthy lives with nutritious food options.”
Want to participate in the Walk for Rice too? If so, the walk is located at Seward Park 5902 Lake Washington Blvd. S, Seattle WA, from 8AM to 12:30 PM. There is no cost, the walk is free, ARCS only asks for your support by fundraising or by donating food and / or money. They even accept unopened bags of rice on site. Visit walkforrice.kintera.org for more information on ACRS and the Walk for Rice.
The DUI defense lawyers at David O Defense believe every small act they contribute beyond themselves will have a positive impact on someone else. Every Grain Counts – Walk for Rice
Written by David O, Senior DUI and Criminal Defense Attorney
Co-Written by Sarah Ann
This past Friday, Seattle Seahawk running back, Marshawn Terrell Lynch, was denied by California Judge, Yolanda Northridge, to dismiss his 2012 DUI charge. Lynch’s DUI attorney also made a motion to suppress evidence during the same court appearance but Judge Northridge also declined the motion.
Marshawn Lynch, aka “Beast Mode”, has been fighting this DUI charge since the Summer of 2012. He was pulled over by the California Sate Patrol early morning on July 14th for erratically driving in and out of lanes. According to state patrol officers, Lynch was behind the wheel of a white Ford van and almost side-swiped two other cars while traveling on Interstate 808. The state patrol officers suspected Lynch had been drinking and began investigating him for possible DUI (driving under the influence).
Allegedly, the power house football player failed the DUI sobriety tests. He was arrested and taken to the Alameda County Sheriff Department’s North County Jail in Oakland where he submitted to a breath test, which of course came up positive and was over the legal limit of .08. Official charges of DUI were filed against Lynch on July 18th and he and his DUI defense lawyer plead not guilty to those charges in August 2012.
Beast Mode has been fighting his DUI charge for over a year now and will continue to do so, since Judge Northridge denied his DUI dismissal. As of now he has a jury trial date set for December 27th, just two days before the Seahawks final regular season game against the Rams on December 29th. Lynch’s DUI lawyer plans on continuing the case into the new year so court dates won’t interfere with critical football games.
We will keep you updated on Marshawn Lynch’s DUI trial and case outcome. We will also keep you posted on NFL Commissioner Roger Goodell’s reactions to the case results. If found guilty, Lynch may face harsh NFL punishments especially since he will be a repeat offender in the eyes of Goodell. Over three years ago, Goodell suspended Lynch for three games due to a misdemeanor weapons conviction. Since then, Marshawn Lynch has stayed out of trouble except for this 2012 DUI charge.
Good Luck Beast Mode with your DUI case, and Go Hawks!
Written by S.O