Sobriety Test

When Can Police Ask for a Sobriety Test

Drinking and driving is a dangerous and illegal activity that may put not only yourself but also other drivers at significant risk of severe injury or death. Fear of being pulled over by a police officer can sometimes make us think twice about getting behind the wheel after we've had a drink. But what if we are stopped, and an officer requests that we take a sobriety test, even though we are not drunk?

When Can the Police Ask Me for a Sobriety Test?

Police officers can pull you over under suspicion of drunk driving. The officer will observe your driving behavior, and if they suspect that you are under the influence of drugs or alcohol, he or she may request that you take a sobriety test. Some common indications provided by the police when conducting a sobriety test include red eyes, slurred speech, erratic behavior, or the smell of alcohol on the person's breath.

What Are the Types of Sobriety Tests?

The most common sobriety tests include a field sobriety test, a breathalyzer, or a blood or urine test. A field sobriety test is performed on the roadside; it has physical tests, such as standing on one foot, walking in a straight line, and other tests that assess your balance, coordination, and mental acuity. The breathalyzer test evaluates the blood-alcohol concentration in your breath, while a blood or urine test will identify the actual blood-alcohol concentration in your system.

What if I Refuse to Take a Sobriety Test?

While it is not mandatory to take a sobriety test, if you refuse, the officer may arrest you and take you to the station for a blood or urine test. Failing to comply can also lead to suspending your driver's license, and the charges may escalate in some states. Moreover, your refusal can be used against you in court and may result in stricter penalties. So, it's always better to comply with the police officer's request during a traffic stop.

Can I Challenge the Results of the Sobriety Test?

Yes. If you feel the sobriety test was conducted improperly or the results were incorrect, you may challenge them in court. Challenging the results involves hiring an attorney who will assess the testing procedure, cross-examine the police officer, and question the validity of the results. With proper documentation, such as video recordings, medical records that support your innocence, or witness testimonies, you can file a motion to suppress the test results.

Milwaukee DUI Defense Team Representing Wisconsin

At Melowski & Singh, LLC, we specialize in defending individuals facing theft crime charges. Our experienced attorneys deeply understand the law and can provide you with the strong defense you need. Contact us today at (920) 294-1414 to schedule a consultation and protect your rights.