If pulled over by the police for DUI, do I have to take breath or blood test?
No. However, the refusal to take a breath or blood test could result in the loss of your driver’s license for one year. Refusing to take the test makes it more difficult for the police and the state to prove that you were driving under the influence of alcohol.
COMMON FACTORS POLICE USE TO SUPPORT DUI CHARGE:
- DEFENDANT’S DRIVING: Officers usually state that they observed a person weaving, speeding, failing to use a turn signal, or simply not having proper tail lights. These actions alone do not necessarily mean a person was driving under the influence of alcohol.
- ODOR OF ALCOHOL: Officers will state that they smell alcohol coming from the person.
- SPEECH PATTERN: Officers will state that slurred speech or other speech impediments such as a low voice indicate impairment. Interestingly, officers rarely know how a person generally speaks and have no idea if these speech imperfections are even related to alcohol.
- ATTITUDE: While people often have a right to feel angry about being pulled over, Officers love to cite bad attitude, cursing, and being uncooperative as factors showing DUI. Remember be polite.
- FIELD SOBRIETY TASKS: Officers will ask you to perform a series of tests, such as looking at a pen or finger, walking heel to heel, or standing on one leg. They use any little infraction against you as cues or proof of intoxication. The truth is many people are unable to pass these tests even when they are sober. Factors such as past and current physical injuries, the type of shoes, nervousness and weather can affect the outcome. These tests are not mandatory.
- STATEMENTS: Any statement you make can and will be used against you. This means exactly what it says. Any statement you make will be construed, misinterpreted, or somehow used against you.
- BREATH or BLOOD TEST: The results of the Alcohol Test, whether blood or breath, can be used as a factor to show that you were under the influence. In fact, the results are often the primary source of evidence that the officers and the state use against you. Refusal to blow can result in the loss of your drivers license for one year.