Are Sobriety Tests Optional?

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:

  1. They are under the legal drinking age.
  2. They are currently on probation for a DUI.
  3. 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.

No Legal Advice Intended. This website includes general information about legal issues and law practices. Such materials are for informational purposes only and should not be considered legal advice or counsel. Information may not reflect current legal standards. For legal advice specific to your needs, contact an attorney licensed in your jurisdiction. Do not rely on any statement on this website for any reason whatsoever. Furthermore, the information contained in this website is for informational purposes only. It is not, nor is it intended to be, legal advice or representation. Your review or use of this web site, its information and links does not create an attorney-client relationship or an attorney-client privilege between this law firm and you. Statements made to this firm before the formation of an attorney-client relationship may not be privileged and confidential.


Other Resources
Truck Accident Lawyer DC | DC Car Accident Lawyer | Elizabeth, NJ Workers Comp Attorney | DC Personal Injury Attorney | Baltimore Automobile Accident Lawyer | Baltimore Motorcycle Accident Lawyer | Truck Accident Lawyer Baltimore | Baltimore Motorcycle Accident Lawyer | Baltimore Personal Injury Lawyer | Car Accident Lawyer Baltimore | Baltimore Personal Injury Lawyer | Baltimore Motorcycle Accident Lawyers | Baltimore Motorcycle Accident Lawyers | Baltimore Wrongful Death Lawyer | Defective Product lawyer Denver CO | Baltimore Motorcycle Accident Attorney | Car Accident Law Firm Indianapolis | Who is the Top Bankruptcy Lawyer in Cypress TX | Denver Motorcycle Accident Lawyer | Motorcycle Accident Lawyer Los Angeles CA


© COPYRIGHT 2024 CRIMINAL LAWYERS OF WASHINGTON, DC | POWERED BY SEO Marketing For Attorneys