It is normal to feel confused about what rights you have after you are stopped on suspicion of DUI. The fear of being arrested can make you feel like you should comply with whatever the police officers request, hoping you can talk your way out of it or prove you are not intoxicated.
After asking you for basic information, police officers will likely ask you if you have been drinking alcohol. You do not have to answer this question, even if the answer is no.
You should provide police with your name and documentation, such as a driver’s license or vehicle registration, but you are under no legal obligation to tell them anything else.
The police officers next step may be to ask you to take field sobriety tests. You may already be familiar with these tests.
Standardized field sobriety tests
The National Highway Traffic Safety Administration recognizes three standard field sobriety tests: The one-leg stand test, the walk-and-turn test and the horizontal gaze nystagmus test (HGN).
The HGN test involves following an object with your eyes while keeping your head still. The walk and turn requires you to walk nine steps heel to toe, then turn around and walk the same nine steps the other way. The one leg stand requires you to stand and balance on one leg until the officer tells you to stop.
Police officers may not always use these three standardized tests. They might ask you to perform other tests designed to test your balance, coordination and memory.
These could include reciting the alphabet backward or counting backwards from 100. They might also ask you the same questions over and over to see if you provide different answers.
You have a right to refuse field sobriety tests. When you say no to the tests, the police officers cannot make you take them.
Why you should refuse field sobriety tests
It is usually in your best interest to refuse them. Field sobriety tests are inherently unreliable.
You stand a chance of failing field sobriety tests regardless of the level of alcohol in your system due to your anxiety or fear over the stop. The problem is that a failed field sobriety test gives police officers probable cause to arrest you for DUI.
Refusing the field sobriety tests can be difficult. Be clear about your refusal. Simply say “no” when asked to take the tests. The police officers should accept that answer and not keep repeating the request.
It is important to distinguish field sobriety tests from chemical tests, such as blood or breath tests. You could be asked to blow into a device that tests your blood alcohol level.
Why refusing chemical tests could be a bad idea
Although you can still refuse a chemical test, your Indiana driver’s license will be suspended for your refusal. It is generally best to submit to a chemical test and not risk a license suspension.
If you have not been drinking or believe that you are under the legal limit, the test results will show that. If you fail the test and are arrested for DUI, exercise your right to remain silent and ask for an attorney. There are potential defenses that may be available to you even with the failed chemical test.