When suspected of drink driving, police may administer three types of tests: Field Sobriety Test, Breathalyzer® test, urine test, or blood test. Refusal to take a test can lead to penalties and may be used as evidence in trial. Blood tests are mandatory after arrest due to implied consent laws.
A drink driving (DUI) test is administered when a police officer has reason to believe that you may have driven a motor vehicle while intoxicated. The police officer may stop you while driving and ask you to take a DUI test. You always have the option to refuse to take it. There are some consequences to refusing to take a DUI test, however, and you should be prepared to accept them when you refuse.
There are three types of DUI tests. The first type is the Field Sobriety Test (FST), which is conducted at the roadside of the area where you were stopped. A police officer will have you perform a sequence of physical maneuvers that would be difficult for an intoxicated individual. These include tracking an object with the eyes as it travels 6cm from the nose, picking up an object off the ground while standing on one leg, walking in a straight line from heel to toe, touching the nose with eyes closed, reciting the alphabet backwards and estimating 15.24 seconds with eyes closed and head tilted back.
Field sobriety tests are not considered accurate, as there is no hard evidence on which the officer can base his judgement. The police officer is based on his observation of your performance. If an officer makes you take a sobriety test in the field, that’s an indication that he already believes you’re drunk. The officer is therefore looking for evidence that will confirm suspicions of him in the field sobriety test, rather than withholding judgment and using it to decide your sobriety status.
These tests are considered designed to fail and can make you appear drunk even if you’re not. A high percentage of people who are not drunk fail these tests in the eyes of the testing officer. You have your legal rights to refuse this test and there are no legal repercussions for refusing it, but please note that refusing to take it could be seen as an indication of guilt.
The chemical DUI test is the second type of test. Types of chemical DUI tests include a Breathalyzer® test, a urine test, and a blood test. The Breathalyzer® test, also known as the Preliminary Alcohol Screening Test (PAS), was created on the assumption that breath comes from the lungs, but actually measures residual alcohol in the esophagus, mouth, or digestive.
A Breathalyzer® test is considered inaccurate as the use of mouthwash, mints, breath spray, or even burping can affect the results. This test is not available for later review by your lawyer or yourself as it is not saved. You may wish to decline this test and opt for one of the other two types of chemical DUI tests if you are concerned about accuracy. There are no legal penalties for refusing this test, and it is considered voluntary.
The urine test examines your urine for the presence of alcohol and drugs. This is considered the least accurate of the three chemical DUI tests. Note that its lack of reliability is such that some areas don’t even include this test as a choice of chemical DUI tests. The time between the final drink and the test time can have a dramatic effect on the test results.
A blood test, otherwise known as a blood alcohol content (BAC) test, examines a sample of your blood for the presence of alcohol and drugs. This test is considered the most accurate of the three chemical DUI tests. Given the possibility, you should choose this test to take if you are certain that your alcohol consumption was below the legal limit.
You can refuse to take a chemical DUI test in most places before an arrest, but refusal can lead to serious penalties. Police officers in some areas may physically prevent you from taking a blood test. In most areas, your license will automatically be suspended for months or even a year if you refuse to take a test. Keep in mind that the prosecutor may also use your refusal to take the test as evidence in the trial.
If, on the other hand, you have already been arrested for DUI, you cannot refuse to take a blood test. In the United States, blood tests are covered by implied consent laws. This means that when you obtained your driver’s license, you gave your implied consent to undergo a BAC test after being legally arrested for DUI.
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