So...you are stopped late at night at a
DUI Checkpoint in Missouri or Kansas or for a traffic violation/speeding/ improper tags/improper
lane use, etc. and asked, "Have you had anything to drink tonight?"
If your answer is yes, you are in for the worst pop quiz of your life,
otherwise known as the
DUI / DWI Field Sobriety Tests.
The Big Three
The National Highway Traffic Safety Administration (NHTSA) has established
these three tests as their standard of Field Sobriety Testing. The HGN
(Eye test), the Walk and Turn, and the One Leg Stand test.
Other tests may include reciting, not singing, the alphabet forwards or
backwards, counting, etc., depending on what city or county the checkpoint
is that you are stopped in. They may ask you things such as, "Can
you start with the letter C and stop on the letter R?" or "Can
you count backwards from 89 to 65?" These tests are not NHTSA approved
Field Sobriety Tests, but will be counted against you as signs of impairment
should you fail.
While the easiest solution is to designate a driver, not drink and drive,
or take a cab, this doesn't always happen. You feel alright to drive
home and get pulled over for a traffic ticket, a tag light, or for a tail
light that is out. It happens. Law enforcement officers in both Missouri
and Kansas working the late shift are experts in DUI / DWI detection.
That is their job and they are very well trained. With hundreds of arrests
for DUI they will stop you for any justifiable reason, especially late
at night, to investigate a potential DUI.
The Right to Refuse
It is not a chargeable offense to refuse the Field Sobriety Testing, it
might make the officer unhappy and you may be arrested anyway, but
you do have the right to refuse any Field Sobriety testing. You also want to explain to the officer any medical conditions that might
prevent you from successfully completing the testing.
After taking or refusing to take the FST's, you may be asked to take
a PBT (Preliminary Breath Test) at the scene of the initial stop. Refusing
to take the PBT at the scene will result in a traffic ticket, and has
no bearing on your drivers license, however,
refusing to take the breath test at the station could have a bigger potential
impact on your drivers license and the resultant criminal case.
The first thing to consider is you are dealing with a police officer who
is trained in DUI Law Enforcement, who can and is likely to
arrest you for DUI. You want to be respectful. You do not want to be argumentative or resist
the officer conducting the investigation.
What Happens After You Are Pulled Over?
You are going to be asked to step outside of your car. You are required
to turn your ignition off and exit your vehicle if an officer directs
you to do so. What you do not have to do is answer any questions, or perform
the Field Sobriety Tests. These tests are designed for failure. You are
not given any opportunity to practice these tests.
Unfortunately the situation that you are facing at that point is that your
chances of being arrested and being charged with DUI are pretty high.
If you do the Field Sobriety Tests, you are going to be arrested because
you may not pass them. If you refuse the Field Sobriety Tests, you probably
will be arrested anyway.
The bottom line is, if they judged you on the way you walk, talk and stand
normally, that would be completely different, but this is not the case.
You are asked to walk heel-to-toe, with your arms straight down, and turn
in a very specific method. All the while, you have traffic driving by
and at least two or three police cars around you. The level of the testing
surface may or may not be even and may be poorly lit. Add to this the
passing traffic, police emergency lights, and the odds of passing the
Field Sobriety Tests are not great. We can help defend your rights in
a DUI/DWI arrest and help to protect your freedom.
Charged with DUI or DWI in the Kansas City, Missouri Metro Area?
Contact us today for a free consult, or
submit a free case evaluation form online.