You’re out for a night on the town with your friends, have some drinks, and drive home. In no time at all, you see the flashing blue and red lights in your rear view mirror. Now what?
After you are pulled over for a DUI, your best choice of action is to be respectful without helping the officer form a case against you. Realistically, that includes not agreeing to take any field sobriety tests (FST) or a preliminary breath test (PBT) right after you are pulled over. These tests are not always the most accurate and the results could be used against you.
The truth of the matter is that if an officer is convinced your blood alcohol count (BAC) is above .08, you will probably be arrested for a DUI and taken to jail whether you agree to taking a field test or not.
What are Standard Field Sobriety Tests?
There are three Standardized Field Sobriety Tests (SFST) an officer may ask you to perform.These tests include:
- Eye examination
- Walk and turn
- One leg stand
You may also be asked to do other balance tests, such as the finger to nose and finger count, or take a preliminary breath test.
What is a Preliminary Breath Test (PBT)?
A PBT is another test that a law enforcement officer may ask you to perform after you are pulled over. With this test you will be asked to blow into a tube to measure the amount of alcohol that is on your breath.Again, you should not agree to a PBT right after you’ve been pulled over. These tests can be inaccurate and you’d be better off just getting arrested and taken to jail for a blood test.
DUI Blood Tests
If you end up being arrested for a DUI and brought to jail, you may be asked to take a blood test. You do have the power to refuse to take this test too. However, if you do so, you will probably lose your license for a year. Why? Because of the “implied consent” law that you agreed to follow when you first received your driver’s license.The implied consent law also makes it possible for the arresting officer to get a telephonic search warrant to forcibly take a blood sample if you refuse. At this point you may as well consent to a blood test and contact a criminal defense attorney as soon as possible.
Arrested for a DUI? Call a DUI Defense Attorney ASAP!
While drinking and driving is really not worth the risk, you still have legal rights if you are pulled over and arrested. You also only have 15 days from the date of your arrest to request a DUI hearing.By contacting an experienced Phoenix DUI Defense Attorney as soon as possible, you will help ensure that your legal rights and best interests are protected.
Arrested for a DUI in Phoenix? Don’t delay! Make one call to 602-667-7777, or submit an online case review form to schedule a free DUI case consultation with a Lerner and Rowe Law Group DUI defense attorney today!