Officers Look for Signs of DUI as Soon as They Approach Your Vehicle
There are officers looking for DUI drivers, and they’re pulling them over for any particular reason. Once they’ve pulled someone over, they’re actually well into a DUI investigation. An officer will typically ask the usual questions, such as asking for your license, registration and insurance, and while someone is looking for the license, registration and insurance, the officer is actually conducting a DUI investigation.
The officers are trying to see if they can smell anything or see anything, and they will ask multiple questions at the same time to see how somebody responds. They will ask if you have had anything to drink.
Most of the time people are trying to be honest and answer the question, admitting to having had a couple of drinks and that answer alone may give the officer reasonable suspicion. At that point, they continue their investigation and ask somebody to get out of the car.
Once the officers are asking someone to get out of the car and walk over to the curb, things have really changed, and we are now deep into a full-blown DUI investigation.
During the Initial Police Stop, You Are Temporarily Detained
Many people wonder what will happen if they refuse to get out of the car. They wonder if they will be physically removed and possibly arrested. There’s a fine line between when someone is arrested and not arrested. There is a gray area around when they’re free to leave and not free to leave. When people are stopped, they are detained temporarily.
Being temporarily detained should take no longer than it does for the officer to write the ticket and send the people on their way. When they’re asked to get out of the car to continue this investigation, they’re really no longer free to leave.
If You Try to Leave the Police Stop, It Is Likely You Would Be Arrested; However, You Are under No Obligation to Answer Questions or Perform the Field Sobriety Tests
If the person were to try to leave without the officer’s permission, they probably would be arrested, but that does not mean that the person being questioned needs to answer questions or even agree to perform the field sobriety tests. Field sobriety tests and talking to an officer and giving them information are voluntary and are not something that has to be done.
It Is Advisable to Undergo a Chemical Test, as Refusals Have Severe Consequences
It is important to note that if somebody is lawfully arrested for driving under the influence or suspected driving under the influence, they do have to give a chemical test, either a breath or a blood test. They do have to submit to that or they could be looking at a refusal which has pretty severe consequences.
The field sobriety tests are usually voluntary. There are certain circumstances if someone is on probation that may require it. But for the average person who is stopped, any field sobriety test such as the horizontal gaze Nystagmus, following the pen or the finger, walk and turn, touch the nose, stand on one leg, are all voluntary.
Now, the officers don’t tell you that, but you do not have to do them and it would be very wise to elect not to do those tests because they are set up for failure.
Once the Police Ask You to Exit Your Vehicle, It Is Very Likely You Will Be Arrested
Refusing to perform a field sobriety test is a very sensitive area. To a certain extent you’ve got to just understand if you’ve been asked to get out of the car and you’re standing on the side of the road, there’s a very good chance no matter what you do at this point you’re going to be arrested.
With that in mind, the less information you give the police officers the better off you’re going to be. You would just have to tell the police officer that on the advice of your attorney, and you can say you have a friend who’s an attorney, and on their advice you’re going to not answer any questions.
You’re going to use your right to remain silent, and you’re not going to volunteer to do any field sobriety tests. The officer may tell you at that point that you’re going to be arrested, but you’re already out of the car. There’s a very good chance you’re going to be arrested anyway.
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