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Q: I did not consent to take any field sobriety tests at the scene. I even refused the breath test at the scene. Will this hurt me in court?
A: No. You have a right to refuse these tests and your refusal cannot be held against you in court. You have the absolute right to refuse to breathe into a breath machine on the scene. The .08% BAC measurement can only hurt you, not help you.
This is different from the chemical test you were given after you were arrested. When you are ordered to provide either a blood or breath sample at a jail or in a police station, you must comply. Failure to do so results in immediate revocation of your driver's license by the DMV.
More Info on Field Sobriety Tests.
Q: Do I actually have to be "under the influence of alcohol" to be charged with a DUI?
A: No. Some people have a greater tolerance for alcohol than others; some people are not close to being drunk with a blood alcohol count (BAC) of .10%, let alone .08%. It does not make any difference; the test is not whether you pose a danger to others because you are impaired; the test is whether your blood alcohol count is .08% or more, period.
A good defense lawyer will know whether the fact that you had a spicy meal or chewed nicotine gum or have a burping problem will help you overcome these notoriously faulty tests.
Q: Does my BAC have to be .08% or higher for me to get arrested?
A: No. Some people can be charged with impaired driving with a BAC less than .08%. In other words, even if your blood alcohol count is less than .08%, you can be charged with drunk driving if the arresting officer thinks you are driving in an impaired fashion.
Q: What's the point of hiring a lawyer? I'm going to lose anyway.
A: Not all DUI cases are lost causes! You need a DUI lawyer knowledgeable
about sobriety tests and improper actions by the arresting
officers. He or she needs to know how to challenge blood
level tests based on your medical conditions, such as
heartburn or diabetes; how to challenge blood tests based
on improper samples; and how to challenge breathalyzers
for mis-calibration.
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