Question: If I’m pulled over for a DUI, should I do the field sobriety test (walk the line) and blow into the breathalyzer device, or is it better to refuse?
Answer: Unless you’re very intoxicated, it’s better to do the tests the police ask you to do.
Here’s why:
- If you refuse, once your case is over, the DMV will impose a 6 month “hard” suspension of your right to drive. That means no hardship license – but if you do the tests and blow – even if over the legal limit – you’ll be entitled to get a hardship license.
- If you refuse, it’s harder for your lawyer to negotiate a better deal for you (such as a plea to the lower charge of reckless driving). Prosecutors usually treat drivers that refuse more harshly.
- The legal limit is .08 – this means it’s not illegal to have a drink and drive – it’s only illegal if your faculties are impaired to the point that you have a blood-alcohol level of over .08. In many cases, you may blow under the legal limit (think Bruce Springsteen) – or perhaps just over, making the argument easier that you were barely intoxicated.
- You will likely do better on the field sobriety test (which is usually now filmed) than you think. Cops often exaggerate and write reports that you failed the field test when in fact you didn’t. The showing of the video to a jury (or prosecutor) to contradict what the police wrote in their reports is great for cross-examination and will hurt their credibility. And it will demonstrate that you were not impaired.
So when should I refuse to blow? If you know you’re very drunk. If you blow above a
.15 (close to twice the legal limit), you will face enhanced penalties for such a high blow. But here, if you refuse to blow, the police will have nothing to go on. Remember, this is a very unusual circumstance. Most people know not to get behind the wheel when they’re completely hammered. For the most part, it’s best to blow.
