Implied Consent And Alcohol Testing

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When you are facing charges of driving under the influence (DUI), matters will get serious pretty quickly. You will very likely automatically lose your driving privileges, and you might face prison, high fines, and much more. When it comes to defending yourself against the charges, every aspect of the stop and arrest will be under scrutiny. Read on to learn more.

Assumptions and Consent

While the law is good at spelling out details in some cases, in other cases, things are assumed. It is assumed, for example, that law enforcement has the right to stop you, search you and your vehicle, and test you for the presence of drugs and alcohol. You may have certain rights in this regard, but you might wonder what could happen if you exercise them.

Probable Cause Can Spur Actions

A very important element of roadside stops is built around the concept of probable cause. This means that the law enforcement officer has every reason to believe that you are probably breaking the law, though they cannot confirm that without further study. If you get stopped by law enforcement, there must be probable cause. You cannot be stopped because the officer was bored or curious — there must a good reason. Probable cause also comes into play when they instigate a search or perform field sobriety testing. Take a look at these common red flags for law enforcement that might constitute probable cause for a DUI stop:

• Driving behavior: Failure to stay in a single lane, sitting at green lights and stop signs instead of moving forward, driving far too slow, etc.
• Driving violations: You can be stopped for any of the following: failing to signal, faulty vehicle equipment, speeding, etc. While none of these necessarily are signs of driving under the influence, they allow the officer to observe you closer once they make the stop.
• Observations: When the officer approaches and begins to question the driver, they are also using their senses to observe the odor of alcohol, see open containers, listen to slurred speech, and more. This leads to probable cause that you are under the influence and allows field sobriety testing to be performed.

Refusing to Undergo Field Sobriety Testing

No one can force you to take those common sobriety tests, but you should understand the consequences of a refusal. The law is definitely not on your side in this issue — if you refuse the testing, you will likely have your driving privileges revoked. Even if you are later found not guilty of a DUI, the revocation will stand. If you have been arrested for a DUI, speak to a DUI lawyer from a firm like Thomas & Associates, PC about the legality of the stop and the testing.

25 January 2019