Question: I have a question about the tests a cop makes you take when you get stopped for a DUI. I got stopped in Dunwoody and the police officer made me get out of the car and do some tests like walk a line and hold up a leg and count.
I had a couple of drinks and I smoked a little bit of pot but I didn't think it would matter that much because I wasn't drunk, just buzzed. I think I did alright on the tests but I got arrested any way and taken to jail. I took a blood test and I'm waiting for the results.
I was stopped for weaving, but it states failure to maintain lane on my ticket. I really didn't weave in traffic but I swerved because my cell phone fell and I use it for GPS. So I had to find it.
What are those tests all about and can I call you for a DUI consultation?
Y.S. in Sandy Springs, GA
Answer: The tests that you took are called "field sobriety tests." You did not have to take the tests. They are all voluntary. You have the right to decline to take the tests.
A police officer may tell you to exit the car and give you an instruction that actually sounds like an order. That could trick you into taking the tests. We advise our clients to politely decline to do them and say no more. You should not offer an explanation; the less talking the better. Just tell the officer that, "I would prefer not to do them."
Of course, call us at any time for a DUI case evaluation.
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