| In most states, if you are suspected of drunk driving, | | | | answer these questions or to have a friendly chat with |
| you must take a blood alcohol content test such as a | | | | police. |
| breathalyzer when asked to do so by police or face | | | | Refuse the DUI Field Sobriety Tests |
| very harsh penalties. But police must have reasonable | | | | If you are stopped by police the officer may ask you |
| suspicion that you have been drinking before they can | | | | to take a field sobriety test such as the one-leg-stand, |
| ask you to take a BAC test. | | | | finger-to-nose or the nystagmus test which involves |
| To establish reasonable suspicion police use a range | | | | the officer shining a flash light in your eyes and looking |
| of questions and DUI pre-screening or field sobriety | | | | for erratic eye motion. |
| tests. You are not required to answer the questions or | | | | These tests have just one purpose, to give the officer |
| to participate in any of the tests. If you do go along | | | | the reasonable suspicion he or she needs to require |
| with these tests you are only giving the officer the | | | | you to take a BAC test. You have almost no chance |
| reasonable suspicion he or she needs to require you to | | | | of passing these tests. Some of them, like the |
| take a BAC test. | | | | one-leg-stand, could be difficult for a trained athlete to |
| Refuse to Have a Nice Chat and Avoid a DUI Test | | | | perform perfectly and your pass or fail grade rests |
| One of the simplest ways for police to get the | | | | not with a panel of judges but entirely with the police |
| reasonable suspicion they need to administer a BAC | | | | officer. You are not required to perform these tests |
| test is to just ask you if you have had anything to | | | | and you should politely refuse to do so without getting |
| drink. Do not admit to having had even one drink. If you | | | | drawn into a conversation with the officer. Don't make |
| do, that's reasonable suspicion. | | | | excuses for not taking the test, just refuse. |
| The officer may also ask you where you have been | | | | The most important point to remember is that if you |
| and what you've been doing. This may seem very | | | | are charged with a DUI offence and the case ends up |
| innocent but if you admit to having been out with | | | | in court the officer must be able to justify requiring you |
| friends or attending a sports event or being anywhere | | | | to take the BAC test. Don't give the police extra |
| where alcohol is commonly served you have given the | | | | ammunition by talking too much or taking a field |
| officer reasonable suspicion. You are not required to | | | | sobriety test that is all but impossible to pass. |