Pulled Over and Questioned for Suspicion of DWI? Know Your Rights!
Police officers can stop a vehicle when they have a reasonable suspicion that the driver is violating the law. This can range from something as minor as touching the fog line to something more severe, such as a motor vehicle accident.
Once stopped by the police, the officer may begin questioning you, or order you to get out of the vehicle. The officer may ask you to do field sobriety tests. In order to ask you to complete field sobriety tests, the officer needs a reasonable articulable suspicion that a you have been driving while impaired. However, you are not required to do the tests and the officer cannot force you to do the field sobriety tests. In order to do them, you must consent.
If you do consent to the field sobriety tests, successfully completing the tests (or refusing the tests) doesn’t mean that the officer can’t arrest you if there are other indications of impairment present (the odor of alcohol, an admission that you drank, bloodshot/watery eyes, slurring your speech, poor driving conduct, etc.). It should be noted though that officers rely heavily on their interpretation of your performance when establishing probable cause.
These standards apply to the preliminary breath test (PBT) as well. A PBT is a non-formal test that helps the officer determine if they will arrest you. Generally speaking, this test is not admissible in a criminal trial, but it is used to decide whether an arrest is warranted.
If you or someone you know are facing DWI charges, give us a call for a free case evaluation at 763-421-6366.