Do You Have to Consent to Roadside Sobriety Tests?
This is a transcript of a podcast posted August 6, 2006.
 This week we’re going to discuss DUIs -- the laws and procedures that are triggered when someone is arrested for driving under the influence of alcohol or drugs. We’re going to speak with Aaron Bortel, a San Francisco attorney and expert on DUI law. Aaron is also a member of Nolo’s Lawyer Directory.
Most people call it “drunk driving,” and in some states it’s referred to as “Driving While Intoxicated,” or “DWI,” but you don’t have to be intoxicated or “drunk” to be convicted of this crime. For that reason, the offense we’re discussing is commonly known as “Driving Under the Influence” or "DUI."
In most states, a first time DUI offense will usually result in some jail time, a large fine -- usually more than $1,000 -- and a driver’s license suspension. The maximum sentence for a first offense is usually six months or a year in jail and that varies from state to state. Second and third offenses often result in jail sentences of several months to a year. In California, a DUI conviction counts as a second offense or third offense if the prior convictions occurred within ten years. This is what is known within the world of DUIs as "priorability" -- whether an offense counts as prior offense.
In addition to the penalties I mentioned, insurance companies often cancel (or drastically raise rates) for drivers convicted of a DUI. And a DUI charge stays on a driving record for many years.
The procedure for enforcing DUI laws usually begins when a police officer observes someone driving improperly, perhaps weaving in out of lanes of traffic, or speeding. After stopping the car, the officer observes the driver for indications of alcohol or drug impairment -- for example, slurred speech, red eyes, dilated pupils, flushed face, a strong alcoholic beverage odor on the driver’s breath, or unsteadiness after the driver gets out of the car. The officer may request a roadside coordination test -- also known as a field sobriety test, which may involve the driver balancing or walking.
If the officer reasonably suspects that driver is under the influence, the driver will be arrested. And after the arrest comes a crucial test -- either a breath or a blood test.
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