Your Rights During a DUI Investigation
Driving under the influence is a serious offense and should not be taken lightly. However, this does not mean you should waive your valuable rights if you are being investigated for a DUI. One of those rights is the right to refuse roadside tests. Taking roadside tests will never help your case. At best, you will be placed under arrest and required to take a blood or breath test. At worst, you can be falsely accused of driving under the influence.
How a DUI Investigation Typically Unfolds
A DUI investigation typically follows these steps. First, someone is pulled over for a traffic violation. The officer will then usually look for “indicia,” or signs, of intoxication. This could include bloodshot and watery eyes, slurred speech, fumbling of documents, and more. At this point, the officer will likely ask the person to perform “voluntary roadside maneuvers.” They may phrase it in a way that feels like you are required to comply. Or, they might say you can prove you are sober by taking the maneuvers. This is almost never the case. Once you are asked to perform roadside maneuvers, the officer has already made up their mind that you are under the influence. The roadsides will do nothing more than hurt your situation. The point of roadsides is not to exonerate you, but to gather evidence against you.
What Roadside Tests Actually Look Like
For example, the walk-and-turn test requires you to stand with one foot in front of the other while the officer gives instructions. If you lose your balance, this will be used against you. You must then take nine steps heel-to-toe with your hands at your sides. If you miss your heel by half an inch, this will be used against you. If you raise your arm an inch, this will be used against you. If you do not complete the turn exactly as described by the officer, this will be used against you.
Another test is the one-leg stand. You are required to stand on one leg with your other leg lifted about six inches off the ground. You will then be asked to count to thirty. If you put your leg down, this will be used against you. If you raise your arm to balance, this will be used against you. Long story short, there is no benefit to taking roadside tests.
Always Refuse — It’s Your Constitutional Right
When asked to take roadside tests, you should always refuse — and you have a Constitutional right to do so. The right to refuse roadsides is rooted in the 5th Amendment and your right to remain silent. The U.S. Supreme Court has found that roadside tests are akin to self-incrimination and, therefore, must be voluntary. If you refuse roadsides, that refusal cannot be used against you. In fact, if your case were to go to trial, the jury would not even be permitted to know that the tests were offered to you.
To be clear, roadside maneuvers are very different from taking a breath or blood test. Refusing a breath or blood test does come with significant consequences, including loss of your license and a DUI conviction. However, roadside maneuvers fall into a separate category and should always be refused.
