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Can The Police Force Me To Take Field Sobriety Tests

Posted by Joseph Awad | Jun 09, 2014 | 0 Comments

Most people are not aware that field tests are completely voluntary! My experience with Michigan OWI arrests is that most people who are pulled over are just too nice to tell the police they do not want to take field tests. As a matter of fact, you should always decline to take field sobriety tests since, in my experience, these tests are designed to measure what you did wrong and almost always disregard what you did correctly. What winds up in the officer's police report are all the missteps and slurs and none of the things you did to affirm that the officer has no right to arrest you for drunk-driving. Everything the officer claims you did incorrectly with your field sobriety tests is just one more reason they will use to convince a judge that your DUI arrest was valid. It stands to reason that the fewer errors you commit, the fewer reasons the police have to try and justify your arrest. Performing NO field sobriety tests deprives the police of many of the reasons they would later use against you. There is no law or statute that can force you to take field sobriety tests. There is no legal consequence for failing to take dexterity tests offered by the police in Michigan. With the exception of the preliminary roadside breathalyzer, you cannot be punished for simply and politely declining to take field tests. While it's important to be polite and courteous during an OWI investigation, it is also important to ensure you do not willfully assist the police in arresting you for DUI. Let the police do their role provided you perform yours – making sure you have the protection of the law, realizing that giving the police everything they ask for will do more harm than good 99% of the time when it's time to go to court on your offense.

If you were recently arrested for a DUI in Michigan, part of your legal defense requires a careful look at your field test performance. If you took the tests, as most people do, your attorney will need to carefully analyze the tests you were given, the method used in assessing your performance, and the “score” or conclusion the officer made on the basis of the field tests you offered. If the police improperly instructed you on the procedure to take the test provided, and/or if the police provide you the test incorrectly, your attorney can challenge the conclusions the officer tries to draw from the field tests you take. This can go a long way in properly defending your drunk-driving charge. Every aspect of your case matters! As an OWI attorney, I am committed to scrutinizing every aspect of your case. If the police and prosecutor intend to use all of your mistakes against you, make sure you have an attorney by your side committed to holding the police accountable for the mistakes they routinely make, as well. Call me direct at (734) 507-1333 to discuss your DUI case. I will provide free and candid advice you will find invaluable as you address your case. I will discuss your options and give you a clear plan of action to properly defend your case. You deserve the benefit of every doubt and police error your case carries. Be sure you have an Attorney committed to giving you every advantage in court.

About the Author

Joseph Awad

The Law Office of Joseph F. Awad is lead by Attorney and Counselor Awad himself. Attorney Jospeh F. Awad completed his undergraduate studies from Wayne State University, receiving a Philosophy Honors Bachelor's degree, cum laude. Upon completion, Joseph lived and worked in Washington D.C. and cle...


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