Can I Refuse Roadside DUI Testing in Delaware?
If you’ve been pulled over for DUI before, you likely know the drill. The officer will require that you perform a field sobriety test or blow into a breathalyzer. But are you really required to stand on one leg, follow an object with your eyes, or walk in a straight line? Are you required to blow into a breathalyzer and incriminate yourself? What legal consequences do you face if you refuse?
Knowing your rights in situations like this can help protect you from doing anything that could potentially lead to your arrest or harm your DUI case. In this article, DUI defense lawyer, Michael W. Modica will discuss what penalties you can face for refusing roadside testing in Delaware.
Field sobriety tests in Delaware
Field sobriety tests (FSTs) are usually conducted at the roadside during an initial stop. The officer may smell alcohol on you or note that your speech is slurred. FSTs are a series of physical and cognitive tests administered by law enforcement at a traffic stop to determine whether the driver is under the influence of alcohol or drugs. The tests aim to assess the driver’s balance, coordination, and ability to follow instructions. These are often compromised when an individual is intoxicated.
There are three FSTs that are authorized by the NHTSA. Those are: The one-legged stand, the horizontal gaze nystagmus, and the walk-and-turn. They are not very accurate and depend entirely on the subjective opinion of the officer. You are not required by law to engage in a field sobriety test. If an officer asks you to do so, you can politely decline.
Roadside breathalyzers in Delaware
Officers also have portable breathalyzer tests that they use to determine if someone is under the influence of alcohol. The officer will ask the suspect to blow into a device and the device will record their breath alcohol level. If the number is over 0.08, then you are automatically considered drunk under the law. The officer can arrest you. You are not required to take a roadside breathalyzer test.
When am I forced to take a test?
After you’ve been arrested, you are required to submit to chemical tests under Delaware’s implied consent law. These tests are scientific methods used by law enforcement to measure your blood alcohol content (BAC) or the amount of drugs in your system. The tests involve analyzing a sample of the suspect’s blood, breath, or urine to determine their BAC or the presence of illegal drugs. Unlike the roadside tests, the post-arrest chemical tests tend to be more accurate and are generally admissible as evidence in court. Delaware law requires drivers to submit to these tests at the risk of losing their license.
Talk to a Wilmington, Delaware DUI Attorney Today
Michael W. Modica represents the interests of Wilmington residents who have been charged with DUI. Call our Wilmington criminal lawyers today to schedule an appointment, and we can begin discussing your defense right away.
