Are Sobriety Tests Optional?
Sobriety Tests
No one likes to see flashing blue lights in their rearview mirror. If the officer who pulls you over asks you to take a breathalyzer, even when you have had nothing to drink, things can be even scarier. This raises an interesting question that few people know the answer to. If a police officer asks you to take a sobriety test, do you have to take it? It is important to know what your rights are before you find yourself in this situation. This guide will provide you with the information you need.
The Sobriety Test
The reason this question is tricky to answer is that it has several different answers. The laws in your state will determine whether you have to take the test or not, and these laws vary from one state to the next. Sometimes, you are required to take the sobriety test. Other times, you are not required to, but refusing to take the test gives the officer the right to hold you for a certain amount of time to be sure that you are not drunk.
It turns out most states do not have any laws that require you to take a sobriety test. You can refuse to take it, although most suggest that you refuse as politely as possible. Police officers need probable cause to make an arrest, which basically just means that they need proof. If they already had proof of your drunkenness, they would not need you to take the sobriety test. A passed sobriety test does not prove your innocence, but a failed test proves your guilt. Likewise, a declined sobriety test does not prove anything.
Universal Requirements
There are three situations where someone is required to take a sobriety test, regardless of what state they live in. These situations are:
- They are under the legal drinking age.
- They are currently on probation for a DUI.
- They are already under arrest.
These are simple to understand, but let’s discuss each situation a little more in-depth. The laws are a lot stricter about underage drunk drivers. That is why minors must take sobriety tests if they are requested.
Anyone who has been arrested for a DUI in the past and put on probation has forfeited their right to decline a sobriety test. People are more likely to break this law if they have broken it in the past.
Once you are under arrest, whether it is for a DUI or something completely unrelated, any kind of sobriety test is no longer optional. Talk to a DUI lawyer, like a DUI lawyer in Fairfax, VA, if you were accused of driving under the influence.
Thanks to May Law, LLP for their insight into whether or not sobriety tests are optional.