1. Be polite, however do not answer any questions or attempt to “talk” your way out of the situation. Any statements you make to police can and will be used against you later on.

2. Do not agree to take any field tests such as the Walk and Turn, One Leg Stand, etc. or the eye test (often referred to as “Horizontal Gaze Nystagmus”). These tests are voluntary. You cannot be penalized in any manner for refusing to participate in field tests.

3. Do not agree to submit to a breath, blood or urine test without speaking to an attorney. You have the right to consult privately with an attorney before providing a breath, blood or urine sample. If you are unable to contact an attorney, it is often wise to consent to the chemical test in order to avoid a one year suspension of your driving privileges.

FREQUENTLY ASKED DUI QUESTIONS

1. SHOULD I TAKE THE FIELD SOBRIETY TESTS?

ABSOLUTELY NOT!!! These tests usually include the Walk and Turn, One Leg Stand, Horizontal Gaze Nystagmus (eye test) and may involve several others. The tests are completely voluntary and you cannot be penalized for refusing them.

2. SHOULD I TAKE A BREATH, BLOOD OR URINE TEST?

If you are arrested for a DUI, an officer can require that you provide a breath, blood or urine sample. This is commonly referred to as the “Implied Consent” statute. However, you should ask to speak privately with an attorney before taking any breath, blood or urine test.

Generally, it is not advisable to refuse a chemical test. In most cases, police will obtain a search warrant and obtain a blood sample by court order. Additionally, your license will likely be suspended for one year.