If A Police Officer Asks Me to Take Sobriety Tests, What Should I Do?

IF A POLICE OFFICER

ASKS ME TO TAKE FIELD SOBRIETY TESTS, WHAT SHOULD I DO? “If you are stopped by a police officer because he suspects that

you are driving while impaired, the first thing the officer will do is try to determine if there is probable cause for an arrest.”

Welch and Harris, LLP

If A Police Officer Asks Me To Take Field Sobriety Tests, What Should I Do? www.welchharris.com 2

If you are stopped by a police officer because he suspects that you are driving

while impaired, the first thing the officer will do is try to determine if there is

probable cause for an arrest. The officer will use one or more field sobriety tests

to determine if you display signs of impairment that justify an arrest.

Understanding what your rights are with regard to field sobriety tests and the

consequences of those tests will help you handle the situation more calmly and

help you make a better decision as to what you should do during a DWI stop.


THE DWI TRAFFIC STOP

Under North Carolina laws, a police officer may stop a vehicle if the officer has

reason to believe that the driver is committing a crime (driving while impaired is

a criminal offense) or if the driver has committed an observable traffic violation

such as failing to use a turn signal, running a red light, improper lane change or

speeding. There are a number of reasons that a person may be pulled over.

Regardless of the initial reason for the traffic stop, if the police officer suspects


that you are impaired, he will begin a DWI investigation as soon as he reaches

your car window.

Officers are trained to look for signs of impaired driving such as slurred speech,

bloodshot eyes or lack of coordination. However, because these signs can also

be signs of another condition other than alcohol or drug use, these signs alone

do not give the officer probable cause for a DWI arrest. If the officer suspects

the driver is impaired, he uses a variety of field sobriety tests to look for

additional signs of impairment. These tests are designed to confirm or deny the

officer’s suspicion that the driver is impaired.

REFUSING TO TAKE FIELD SOBRIETY TESTS IN NORTH CAROLINA

You can refuse to take any field sobriety test, including a portable breath test, at

a DWI stop. Your driver’s

license will not be

suspended but you may

be arrested if the officer

still believes that he has

probable cause for a DWI

arrest. However, if you

have been drinking and

you take and fail the field

sobriety tests, you are

simply providing the


officer with additional evidence to prove probable cause and you will be arrested

anyway. You have the right to say “No” and to remain silent other than

providing information regarding your identity. You do not have to answer

questions about where you have been, where you are going or if you have had

anything to drink. These questions are designed to get you to incriminate

yourself.

Unless you have had nothing at all to drink, it may be in your best interest to

politely refuse to take the tests and invoke your right to remain silent until you

have legal representation. Field sobriety tests such as the Walk-and-Turn Test

and the One-Leg Stand Test are difficult for a sober person to perform without

showing signs of impairment much less for a person who has alcohol in his or

her system. Furthermore, the HGN Test can give false positives if you have a

medical condition that also causes nystagmus (involuntary jerking of the eyes) or

the test is performed on the side of the road when headlights from oncoming

traffic is shining in your face.

If you refuse to take the field sobriety tests, you may still be arrested for DWI

but you are making it much more difficult for the officer to justify probable cause

to a judge because he does not have the results of the field sobriety tests to use

against you. In contrast to refusing to take the field sobriety tests, your driver’s

license will be suspended for one year if you refuse to take a breath test or other

chemical test to measure blood alcohol concentration after you have been

arrested.


REFUSING A BREATH TEST AFTER A DWI ARREST

If you do refuse to take a breath test or other chemical test after you are

arrested, you will lose your driving privileges for one year automatically and the

officer maystill seek a search warrant from a magistrate to draw your blood and

test it for alcohol content.

Whether you should choose

to take a one-year

suspension of your driver’s

license and refuse a breath

test after a DWI arrest

depends largely on your

prior record.

A second DWI conviction

within seven years will

result in a suspended

license plus probable jail

time. If you have a

previous DWI conviction

and you know that you

have been drinking, you

may want to weigh losing

your license for a year

against providing the officers with a very powerful piece of evidence against you.

You also have the right to have a witness present during the breath test provided


the witness arrives within 30 minutes. You should request a witness to have an

additional 30 minutes before the breath test. This may reduce the blood alcohol

concentration slightly depending on how much you have had to drink.

The decision is entirely up to you whether to refuse a breath test after a DWI

arrest; however, you should understand the consequences of refusing a breath

test or chemical test. The information above is intended to provide you with

general information about what you may expect if you are stopped and/or

arrested for DWI. Your case is unique and the facts of your case are unique.

IS THERE A DWI DEFENSE IF I DID TAKE FIELD SOBRIETY TESTS OR A

BREATH TEST?

Yes! Even if you take the field sobriety tests, the portable breath test or a

chemical test after a DWI arrest, our experienced DWI attorneys can still help

you. Regardless of whether you decide to take the breath test, you should not

answer questions about your drinking. You need to contact our office as soon as

possible so that we can discuss the facts of your case and give you detailed

advice about how to proceed. Field sobriety tests and breath tests are not

always accurate. You may have a valid legal defense to your DWI charge but we

can only determine this after we know the full facts of your case.


CONTACT AN EXPERIENCED JACKSONVILLE DWI ATTORNEY

“ATTORNEYS WHO AGGRESSIVELY PROTECT YOUR RIGHTS”

Welch and Harris, LLP is a full service Jacksonville Criminal and Civil law firm that

is committed to providing results-driven legal representation to businesses and

individuals seeking an alternative to large-firm representation. We focus on

getting you the results you want while offering you a cost-effective solution to

your legal needs. We understand that we work for our clients; therefore; our

attorneys communicate regularly with each client to ensure that the client knows

what is going with the case.

When you have legal problems, you need an experienced legal professional in

your corner. No matter the case, you should have an attorney working for you

who knows the law and who has the experience to get results. We represent

clients throughout Duplin County, Onslow County and the surrounding

communities. Call our office at (910) 347-0161or contact us online today for a

free case evaluation.

http://www.welchharris.com/Contact-Us.aspx


About Welch and Harris, LLP

Jacksonville, North Carolina Criminal Defense, Civil Litigation, Family Law and Admiralty

At Welch and Harris, LLP, our team is committed to help you with your legal needs. This means that we thoroughly investigate your case and zealously represent your interests. We are goal-oriented and will focus on getting you the results you want, while at the same time offering a cost-effective and efficient solution to your legal needs. We also understand that an attorney works for their client, so we strive to ensure that our clients are in touch with their attorney and always know what is going on with their case. With Welch and Harris, LLP, you can count on personal attention from our legal team.

We know that there is never a convenient time to have to deal with a court case or other legal problem. Because of this, we will make every effort to minimize the impact your case will have on your daily life. We offer flexible payment options for both legal fees and court expenses, and because it can also cost you time and money to take off from work or school to attend court, we will do everything we can to meet with you at your convenience and help you avoid setting foot in a courtroom.

Every case is different, and every case is important. If you or somebody you care about has a legal problem, call us today and find out the difference that strong, knowledgeable, and personal legal representation can make! Our office is strategically located across the street from the courthouse in Jacksonville on the coast between the ports of Wilmington and Morehead City and within easy reach of the various commercial and recreational fishing communities and beaches of eastern North Carolina. We are also located proximate to Camp Lejeune, Camp Johnson, and the New River Air Station, and as a “military friendly” business, we are proud to be able to serve the particular needs of the armed forces community.

636 Court Street Jacksonville, 28540

Phone: 910.347.0161 Website: www.welchharris.com

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