What should a driver do if accused of DUI?

James - you also should be able to cross at a crosswalk without being run over, but would you do it without looking? Sure you'd be within your rights to take the 5th, but who is to say he isn't a dirty cop and will get you on something even worse. Why piss of the guy with the power?

You've got to ask yourself "what does winning look like?" In my opinion, winning looks like putting up with a little crap and walking out without a big upcoming court battle and putting CDL in jeopardy.

Nice job OP. I think if the tests went much longer or he really wanted to get you, I'd ask for his supervisor, but that is as far as I'd go unless he really escalated things.

 

You are not required to take any field sobriety test jut the one down at the station and that is what is wrong with this country today so many people freely giving up there rights without a fight slot of people dies for them rights that you just freely give up
If I am inconvenience standing for my rights and what I know is right so be it but I will never give them up to make it convenient for me that is how freedoms are taken from people a little at a time its no big deal its just a little thing I don't know if you ever served in the military or in law enforcement but I know I took a oath to protect and defend the constitution of the united states I will not freely just give any part of it up

 

James, I agree with you on what is legally right. But, respectfully, I will say you are leaving out the common sense component. He'll get you for something if you push him into it.

Are you young? When I was in my 20's I felt exactly the same way as you. Maybe it's age, but I just won't fight a losing battle anymore.

Lots of cops are great guys, but many are power hungry with large egos - it just isn't worth putting yourself at risk.

 

This Thread was giving me a headache. It comes down to basics. If you are innocent of DUI, then comply and answer the questions and take the tests. Why even consider not cooperating? The tests are there to help determine if you have been drinking or using. The part where you follow the pen is not to make you cross your eyes, its so he can check for Nystagmus: when your eyes bounce at the corners of your peripheral sight. You cannot fake this or stop it and its a sign of alcohol or drug use. He is also looking for pupillary reaction and dilation when they should not.
Of course Police officers are going to be patrolling high crime areas, drug areas, bars etc. Its their job and its what taxpayers pay for. It protects the innocent from criminals and drunk drivers, because criminals and drunk drivers don't care about obeying the law.
Yes they can take blood with a warrant. No, you don't have to comply to your vehicle being searched, but if you are arrested for suspicion of a crime they can search for 'fruits of the crime' in your vehicle. If you refuse the tests its an admission of guilt in most states and the courts get to work it out. The problem with that is that the DMV (at least in California) operates separately from the Courts. You can beat your DUI in court and still have your license suspended and pay all the fees associated with that.
Once again, if you are innocent, why not comply? You know the truth and they will too soon enough. And yes I know..there are bad cops out there. Jerks on power trips etc. But there are people in every vocation like that including trucking. The percentages are in your favor against getting a bad cop, unless you make the encounter take that direction.

 

This is an older post, but I thought I would chime in here just in case someone has a similar question in the future. You cannot be arrested or have your licensed revoked for refusing a field sobriety test.

Field sobriety tests (FST) are subjective and your passing or failing them depend entirely on the officer's opinion. If you are ever pulled over and asked to submit to an FST, refuse. Even if you are 100% sober. Volunteer to submit to a breathalyzer at the station. You can only be suspended if you refuse a breathalyzer. Don't rely on the officer's judgment/training to determine your innocence.

 

Field sobriety tests are designed for you to fail. Make them take you downtown for a blow

 

Get a lawyer....your CDL is on the line. It used to be your "innocent until proven guilty"

It's now, "your guilty until proven innocent"