DUI/DWAI

Many people who are pulled over for suspicion of drunk driving are threatened with license suspension if they refuse the chemical testing of their blood or breath. This threat is a tactic used to pressure people into taking voluntary roadside tests, and it is coupled with many drivers who have a compulsion to cooperate with law enforcement in an attempt to be as cooperative as possible. What drivers need to know is that you must follow orders given by a peace officer, but you do not have to agree to voluntary requests, and a roadside test is voluntary which you can legally refuse.

Tests like these are rarely in a person’s best interests. In fact, in some cases, even sober people may not be able to pass these tests due to equipment malfunctions, improper calibrations, physical conditions that impact a person’s balance, or an incorrectly administered test. In short, at Decker & Jones, we know these tests are designed for a person to fail.

The refusal of a roadside test is not the same as the refusal of the express consent tests that can result in suspension of your driver’s license. If you are the subject of a DUI /DWAI stop or investigation, be aware of the following points so that you can protect yourself from legal trouble:

1. Anything you say (admission of drinking) or do (poorly performed roadside maneuvers) can and will be used against you.
2. Refusing a chemical test carries a mandatory minimum one-year revocation of your  driving privileges.
3. You may choose a breath test, blood test, or refusal.
4. You do not have the right to speak with an attorney before choosing which test to take, if any.
5. You do not have to submit to roadside sobriety tests—they are voluntary.
6. Portable Breath Tests (PBTs) administered at the roadside are also Therefore, you may decline. PBTs may not be used in trials, but they may be used as evidence to support an arrest. 

The bottom line is that you do not have to help officers make a case against you. The best way to do this is to be armed with the facts before you are pulled over. However, if you have already been pulled over and charged with a DUI/DWAI, there are still plenty of steps you can take to help yourself and protect your rights. The first and most important of these is to contact a knowledgeable attorney at Carmenate Law Firm LLC. to make sure you do not make any mistakes that will ultimately work against you.