Roadside testing at a DWI stop may work for or against you. Do you have to participate in any of the officer’s requests?
The U.S. Constitution gives you the right against self-incrimination, which extends to traffic stops. Take a look at what might happen as a result.
What does implied consent mean?
Part of getting a driver’s license is agreeing to comply with an officer’s request to take some kind of breath or blood test should you come under the suspicion of driving under the influence. However, you may assert your civil rights and refuse these tests. Under the terms of your license, you will face suspension of driving privileges, even if your DWI charges never come to fruition.
Can an officer arrest you if you refuse testing?
Officers have the authority to arrest you if they believe they have probable cause to believe you are driving under the influence. They can take this action with or without breath test evidence. While the results of a breath test may aid in the case against you, it may also exonerate you.
Do you have to participate in sobriety tests?
Medical conditions may influence sobriety tests. Some may lead the police to believe you have consumed too much alcohol. If you have a viable medical condition, you should tell the officers this before the tests. Get it on the record so you can provide evidence supporting it from your doctor should you face charges.
Understanding your rights during a DWI stop can give you the power to decide how you want to proceed.