Understanding Sobriety Tests: A Simple Guide to Knowing Your Rights

Picture this: You're on your way home from a great night with friends when suddenly, flashing lights appear behind you. 

A police officer is pulling you over, and you start to worry about what comes next, especially if you've been in a similar situation like a DUI before.
 

What are Sobriety Tests?

When a police officer thinks someone might be driving under the influence (DUI) of alcohol or drugs, they use sobriety tests. These tests check your physical and mental abilities using a few easy tasks.

There are three common tests:
 

• Horizontal Gaze Nystagmus (HGN) Test: The officer moves something like a pen in front of your eyes and checks how they move.
• Walk-and-Turn (WAT) Test: You walk straight, heel-to-toe, turn around, and walk back. It tests your balance and how well you follow directions.
• One-Leg Stand (OLS) Test: Standing on one leg, you count out loud for about 30 seconds, testing your balance.

 

Do These Tests Work Well?

A big study says yes, if done right. The HGN test is 88% accurate, the WAT 79% accurate, and the OLS 83% accurate. 

However, things like medical conditions, being nervous, and the environment (like bad weather or uneven roads) can make you not do well on these tests, even if you're sober.
 

Your Rights and Sobriety Tests

Knowing what you can and can't do during a DUI stop is super important. Here’s what you should know:
 

• You Can Choose Not to Do the Tests: In many places, you can say no to these tests. But, this might lead to other issues like being arrested on the spot or having your license taken away. Check what your state’s laws say.
• You Don’t Have to Talk Much: Beyond showing your ID and car papers, you can keep quiet. Let the officer know you’re choosing not to talk more about it.
• You Can Ask for a Lawyer: If you're arrested, you can say you want a lawyer before answering any more questions.

 

Dealing with a DUI Stop

Here's how to handle a DUI stop smartly:
 

• Stay Calm and Be Polite: Feeling nervous is normal, but try to stay cool and be respectful.
• Just the Basics: Give your driver's license, car registration, and insurance when asked. Don't say more than necessary.
• Watch What You Say and Do: Everything you say or do can be used against you. Don’t talk about what you were doing or how much you've had to drink.

 

What if You Refuse the Tests?

Saying no to the tests can lead to:
 

• Losing Your License: Often, your driving rights can be suspended, sometimes for longer than if you'd just failed the tests.
• Immediate Arrest: The officer might take you into custody right then, thinking you’re guilty because you didn't want the tests.
• Court Issues: In court, they might say you refused because you knew you were drunk.

 

Got Arrested for DUI? Here’s What to Do

Getting arrested for DUI is hard, but taking the right steps can help:
 

• Call a Lawyer Specializing in DUI: They can guide you through the process and help plan your defense.
• Look Over the Evidence with Your Lawyer: Errors in the police report, videos, or tests could help your case.
• Challenge the Tests: If you did take the tests, your lawyer might say they weren’t done right or other factors messed them up.

 

Fighting for Your Rights

Facing a DUI charge is tough, but remember, you deserve a strong defense. Your lawyer can argue about how the officer did things or the accuracy of any tests you took. 

They might even suggest reasons besides drunkenness for any mistakes on the tests.
 

Stay Informed, Stay Prepared

Understanding what to do can make a big difference if you're stopped for a DUI. Remember, knowing your rights is the best defense.

Note: This information, including insights from DUI defense expert Brian Sloan, is aimed at helping you navigate DUI stops and charges more confidently. However, we strongly condemn drinking and driving.

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