Refusing Roadside Sobriety Tests: Legal Considerations and Consequences

No, you are wise to refuse roadside sobriety tests, unless your state laws compel you to do so. But the rules and penalties vary by state. Understanding the specifics is crucial to avoid misunderstandings and potential legal issues.

State-Specific Rules for Refusing Sobriety Tests

Each state has unique regulations regarding field sobriety tests (FST). It is important to familiarize yourself with the laws in your state. In my state, Oregon, there is an implied consent law for FST, which means refusing can result in penalties.

Lawyers, which I am not, sometimes advise that FST in Oregon are considered a type of search that can be legally refused. However, this advice may not align with the statute, which states otherwise. Always consult with a licensed attorney in your state before deciding to refuse a FST.

For example, in my previous state, a police preliminary breath test (PBT) was used. Refusing a PBT resulted in more severe penalties than a DUI conviction and even prevented a driver from refusing a blood test for alcohol during an arrest. Drivers who refused the PBT were usually charged with DUI as well.

Special Considerations for Older Drivers

Drivers over 60 face specific challenges with FST, as these tests are not designed accurately for older drivers. The standardized FST is often unsuitable for individuals over the age of 60, leading to inevitable failures. Therefore, older drivers should inform the officer that they are aware of the FST’s inaccuracy but should not refuse the test.

Those taking most antidepressants also often fail the coordination sections of the FST. It is vital to inform the officer of any medication you are taking that may affect your performance on the test.

Portable Breath Test at Car Accidents

A portable breath test (PBT) is approved at every car accident. Refusing a PBT may heighten suspicion but still results in a costly summons and is noted on the accident report.

You are welcome to refuse roadside sobriety tests. However, if the police believe that you are intoxicated, you will be arrested and taken to jail. A breath, blood, or urine test will then be conducted.

Refusing to cooperate fully may result in automatic license suspension for one year. This is not a requirement but a consequence of refusal under certain laws.

Legal Protections and the Constitution

No, it is not required to assist law enforcement in self-incrimination. The 4th and 5th Amendments, crafted by the founding fathers to guard against tyranny, offer protection against such searches and compelled statements.

The essence of these amendments is to prevent governmental overreach and ensure that individuals are not coerced into providing evidence against themselves. It is essential to exercise your rights while being aware of the legal landscape in your state.

Always consult with a licensed attorney to navigate the complexities of legal issues related to sobriety tests.