You may have heard of “buzzed” driving, wherein the motorist wasn’t falling down drunk, yet still tested positive for alcohol usage. But what about the 100% legally sober people who still wind up arrested on DWI or DUI charges?
It’s a real problem when highly aggressive police officers take sober people into custody on charges of driving while intoxicated. Think it couldn’t happen to you? It could.
Disabilities mistaken for intoxication
One big problem with most of the roadside sobriety tests is that they are designed for people in peak physical condition who can readily stand on one foot and perform other agility tasks to assure their sobriety. They weren’t designed for those with disabilities or conditions that make those activities impossible all the time.
A disabled person may feel compelled to attempt roadside sobriety tests. But these tests are highly subjective at best and mostly are used as evidence against defendants. Since all defendants have Fifth Amendment rights against self-incrimination, it is incumbent upon them to invoke that right and refuse to perform those tests.
Can I be forced to try the tests?
No. But you also shouldn’t expect that the law enforcement officer will simply allow you to drive off, either. It is very likely that you will be taken into custody on suspicion of drunk driving at that point. Once at the jail, you will then have to blow into a device that measures your blood alcohol content (BAC). You should be aware of the fairly stiff penalties for refusing to give a breath sample, although in most cases that will also be your right.
Your defense begins upon detainment
When the police first stop you, body and dash cams record everything taking place. Conduct yourself accordingly and don’t add to the state’s evidence against you. By strategizing your defense, you stand a better chance of getting a favorable outcome.