DUI Field Sobriety Tests
Steps to Take During a DUI Investigation
One frequently asked question is what actions should be taken during a DUI investigation. There are specific requests from law enforcement that a driver should decline, but there are also certain requests that should not be refused. It is crucial for every individual to be aware of their rights during any type of investigation, including one for a DUI.
Steps to Take During a DUI Investigation on the Roadside
When law enforcement initiates a traffic stop, they will approach the driver's vehicle. At this point, the officers will request the driver to show their identification and proof of insurance. It is not permissible for the driver to decline providing these items. In fact, not providing a driver's license or any form of identification is considered a criminal offense under A.R.S. §28-1595 (https://www.azleg.gov/ars/28/01595.htm). Similarly, failure to provide evidence of financial responsibility is a civil traffic violation. As such, it is expected that the driver will comply with this request.
When the officer makes contact, they will be observing for any signs of impairment such as the smell of alcohol, bloodshot or watery eyes, slurred speech, and lethargic movements. If a person displays these signs, the officer will initiate a DUI investigation. During this investigation, the officer may engage in conversation in order to assess the person's speech and thinking patterns. It is crucial for the individual to remember their right to remain silent and to refrain from providing any information. It is always advised to invoke the Fifth Amendment Right to Remain Silent when under investigation by law enforcement.
The right to remain silent under the Fifth Amendment.
In order to assert their rights, an individual must clearly state to the authorities that they want a lawyer and do not wish to speak. This expression of rights must be definite and unambiguous. Otherwise, the Court may deem it as not a valid invocation of rights and allow any statements made to be used as evidence in a trial. It is crucial that the assertion of one's right to remain silent is unmistakable. And once it is clearly stated, law enforcement must stop any further questioning.
Rejection of PBT and SFSTs During DUI Inquiry
When a suspicion of impairment arises, law enforcement may offer two tests, namely the portable breath test (PBT) and the standardized field sobriety tests (SFSTs). It is recommended that individuals decline both tests. This is because the results of a PBT conducted on the roadside are not considered valid in court, and neither is the refusal to take the test. Furthermore, individuals should never voluntarily participate in SFSTs, as many may falsely believe that they have successfully passed these tests. However, these tests are not accurately measuring one's ability to "divide attention." In theory, a person who struggles to follow instructions and perform physical movements simultaneously may not be capable of safely operating a motor vehicle. Nonetheless, there are concerns surrounding the administration and effectiveness of SFSTs.
Individuals may be held in custody if there is sufficient evidence to suggest that they have committed a crime.
Simply smelling alcohol on a driver may prompt an officer to stop and question them. This is standard practice for officers upon detecting the scent of alcohol. The consequences of this can be significant, even if the driver's blood alcohol content (BAC) is well below the legal limit of .08%. Essentially, anyone who chooses to drive with alcohol on their breath, regardless of their level of impairment, is taking the chance of initiating a thorough DUI investigation and potentially ending their evening. If detained, law enforcement will take the suspect to a police facility or a DUI van for further examination.
How to Act During a DUI Investigation at the Facility or in a Vehicle
Affidavit of Implied Consent for Administration by Self
Upon reaching their destination, the authorities will provide the Admin Per Se Implied Consent Affidavit to the individual. This document informs the individual that they are being suspected of a DUI. Furthermore, the authorities will select one or multiple chemical tests for the individual to undergo.
According to the Admin Per Se, a person's driving privileges will be suspended for 90 days if their blood alcohol content is .08% or higher. It is advised not to refuse the chemical test, as doing so will result in a 1-year suspension of the driver's license. Refusal of the test will only lead to a longer suspension and the state will still obtain the BAC. In fact, if a person refuses the test, the state can easily obtain a search warrant to forcefully collect a blood sample. This means that the state will still get the BAC result, even if the person refuses the chemical test.
Interview with Law Enforcement
The authorities will make an effort to interview an individual suspected of DUI. In particular, they will ask a series of questions that may lead to self-incrimination. As previously mentioned, it is crucial that a person refrains from making any statements or answering questions, except for providing their identity information as required by A.R.S. §28-1595 mentioned before. Any statement made by the person can be used as evidence against them. It is important to remember that a person has the right to remain silent and should exercise that right at all times.
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Choosing Huss Law as Your DUI Lawyer
With over 20 years of experience in investigating and prosecuting DUI cases, Jeremy L. Huss has extensive knowledge in this field. It is crucial for individuals to be aware of their rights during a criminal investigation, especially when it involves DUI. Seek expert legal guidance and a free consultation by contacting Huss Law today through their website.
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