Highway patrol knows the seriousness of drunk driving cases. After witnessing thousands of arrests and deaths related to a drunk driving accident, they place high emphasis on fighting this problem. They are always on the roads looking for anyone that might be driving after having too much to drink. They know what type of events, areas and time of day has an increased risk for drunk driving and they take action to up their patrol during those times.They have implemented many tactics to assist their cause, taking to the media, putting more officers on the streets and setting up DUI checkpoints to evaluate any drivers coming through a certain area. When they do witness a driver that is exhibiting poor driving on the road they can choose to pull them over to assess if they have had too much to drink. They may observe the driver swerving or traveling at high speeds. When a check point is set up this allows them to just assess anyone that is coming through the line whether or not they have demonstrated a lack of safety while driving.

When an officer asks you to pull over because they believe you may have been drinking, they will take note of your behavior, your awareness and any physical signs. They can ask you questions to see how you respond or even your ability to follow directions. If observing you in your car is not enough for them to make a judgment on if you have been drinking, they could ask you to step out and take a series of field sobriety tests. These are a number of tests that they can choose from or combine that allow them to further see if your capabilities are hindered in any way. It may include trying to stand on one leg without losing balance or switching back and forth, walking a straight line and turning to come back, having you follow a light or pen with your eyes to see how your eyes react or testing your blood alcohol content level to see if it falls above or below the legal limit of .08 percent. Determining if a person is drunk or not can be difficult to do with 100 percent accuracy. These tests allow the officer greater insight but they can also incriminate a driver. The tests are not error proof and many times can lead the patrol man to believe someone is highly intoxicated when they are not.

A number of reasons can lead a person to be viewed as impaired from nerves to an error with a breathalyzer or a wrong assessment by the officer. When a person agrees to take the tests it is known as implied consent. By their actions they are showing they approve taking them even without any formal documents. Since the tests can leave some people to be declared guilty many people choose to forego them. It is within the legal rights of a person to choose not to take the test just as it is their right to not answer police questions and remain silent. In some cases this may benefit a person who could have made themselves look guilty. It may leave them with some repercussions that may not be as high as a conviction could lead to and even protect them from blowing a high BAC level that could be used against them. The tests have many flaws that can leave an innocent person dealing with the consequences. They can be subjective tests and the officer conducting them may not have enough training to determine without doubt the state that a person is in.

Unfortunately, many states have found a way around this right and other times it may be more detrimental when penalties are slapped for the refusal. In addition if the case goes to court the jury might suspect guilt if a person did decline to take the test. The penalties that are imposed for refusing to take a field sobriety test will be different in each state. Some states implement license suspension for refusal or can even have a separate charge all together. An officer could have already decided to arrest a person even before they administer the tests but they did so to provide further evidence for court. Refusing to take the test does not mean that the officer cannot take a person into custody. If they believe the person is a danger to themselves and others on the roads they will not release them to continue driving. When an officer notes a person has blood shot eyes, is stumbling or slurring their speech and was driving recklessly, they still have reason to believe a person is intoxicated without being able to perform and form of testing.

In some cases this can work to the benefit of a person if they do not demonstrate characteristics of being drunk and the officer is therefore unable to arrest them due to the lack of probable cause. If an officer does arrest a person without conducting field sobriety tests it means they have less evidence on their side to support their case. However, once a person is placed under arrest and brought to jail they cannot legally refuse BAC testing at this point. When pulled over and questioned for drinking it can be a wise decision to refrain from speaking and contacting an attorney that can protect your rights as well as guarding your from officers that may try to back you into confessing.