should a person agree to a field sobriety test or refuse and go to trial?

Question

if a person gets pulled over that is legally drunk, what should they do?

Answer 1

In many states, refusing field sobriety is evidence of intoxication, and this can be used against you in court. There are also penalty enhancers for refusing tests. If your state uses sentencing guidelines based on your blood level, a refusal will take you to the top of the penalty chart.

Your refusal, along with the officer's observations of the odor, your balance, your eyes, your speech, etc, will build more than enough of a case for an arrest.

Of course, your best bet is to not put yourself in that position.

Answer 2

Refusing the field sobriety test will not help your case. Refusing the breathalyzer or other blood alcohol test will not help your case and in most states will cause your license to be suspended for a year AUTOMATICALLY for refusing regardless of the outcome of the DUI trial.

Answer 3

at first, in some states, a refusal of a chemical attempt (blood, urine or breath) is criminal. In maximum states, a refusal of chemical attempt will bring about an administrative license (implied consent) suspension. Secondly, a refusal to place as much as container sobriety assessments may well be used against you in courtroom in a DUI trial, a minimum of in Ohio. The standardized NHTSA container assessments are Horizontal Gaze Nystagmus, walk and turn and One leg stand. A refusal to place as much as a breath attempt may well be used against you besides. "touch your nostril, %. up funds, alphabet, etc" are actually not area of the standardized assessments. to point that "no one" passes the SFST's is faulty. HGN is often surpassed (alcohol exaggerates the nystagmus in the eyes making it seen at optimum deviation, with onset previously 40 5 ranges and absence of soft pursuit), and in case you pass HGN, you will not likely be asked to do the different 2 divided interest assessments. the different assessments are actually not "stability assessments," they're designed to make certain if the alcohol fed on hindered the driving force's abiltiy to divide his or her interest - which, in turn, capacity that the driving force's capacity to function a motorcar is impaired by alcohol. the truly operation would not could desire to be affected - in ordinary terms the capacity to function. be conscious that maximum officers will make different observations besides - - bloodshot, glassy eyes, slurred speech, unfavorable stability, unfavorable using etc. A refusal to place up coupled with different components supplies probably reason to arrest. There are distinctive flavors of DUI - a in keeping with se crime (i.e., over the cut back of .08 bac), and working jointly as below the effect, which isn't based on a bac - - regularly the two a refusal, often times a low attempt. Please understand that sorting out under the criminal "cut back" does not mean you're actually not impaired. be careful based on non-lawyer solutions, and don't assume each and every state's regulation is an analogous - it is not.

Answer 4

In most states, refusal or inability to take and complete the test means automatic guilty of being over the limit. So it wouldn't make any difference. Might as well take the test.

Answer 5

They should sit in the lock-up and learn a lesson before they kill somebody that follows the laws!!

Answer 6

Generally, it is better to just take the test. However, if you are so far over the limit that the license take-away would be longer than a year, you might want to go to court so as to avoid the larger charge. (larger charges include: Vehicular man slaughter while under the influence (5 yrs.)

Answer 7

if you take the test then they have physical proof. with out it its your word against cops. and if you lose your license better for failure then a DUI conviction. get a good lawyer and you will get off specially if its first time

Answer 8

the person was wrong to drink and drive. spare yourself the increased fines and follow the law.