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Do You Have To Take a Sobriety Test?

Car Accident Lawyer

Getting pulled over is one of the most intimidating and scary things that can happen while on the road. Knowing exactly what to do makes the situation a little easier. It is always in your best interest to be prepared before it happens. Additionally, there are many things you can do that will make the process much smoother. Remember, if you were arrested for a DUI, you should immediately hire an attorney that specializes in DUI’s.

Tips For When You Are Pulled Over

If you are pulled over, keep these tips in mind:

  • Keep your hands on the steering wheel at all times.
  • Put your keys on your dashboard.
  • Be polite at all times.
  • Do not answer any questions.
  • Do not argue with the officer.
  • Do not resist arrest, even if you have not broken the law.
  • Do not lie to the police officer.
  • Exit the vehicle if asked to do so.

Whether or not Sobriety Tests Are Mandatory

One of the most important things you need to know is whether or not you have to take a sobriety test when a police officer asks you to. There are a small number of scenarios where the sobriety test is legally mandatory, but otherwise you should always decline to take the sobriety test. This includes blood and urine tests, the breathalyzer, and other challenges meant to gauge physical or mental ability.

The results of the test are subjective, which means the police officer gets to decide whether you passed or failed. Additionally, passing a sobriety test cannot prove your innocence, but failing one instantly proves your guilt. These two facts together make it a very bad idea to take a sobriety test unless you are required to.

There are exactly three situations where you are required to take a sobriety test of any kind. First, you are required to take the test if you are under the legal drinking age. Second, you are required if you are currently on probation for a previous DUI. Finally, you are required if you have already been arrested, regardless of the circumstances surrounding the arrest. If you are wrongfully arrested without probable cause, you are still legally required to take a requested sobriety test, and you should do so. If you were wrongfully arrested, then the results of the sobriety test will be inadmissible in court, which means they cannot be used to convict you. Your DUI attorney in Virginia will be able to tell you more.



Thanks to The Law Firm of Frederick J. Brynn, P.C. for their insight into criminal defense and sobriety tests.