Do I Have to Take a Roadside Sobriety Test?

October 12, 2021 | Bill Henry

It’s scary to get pulled over by police or stopped at a DUI checkpoint. That’s why it’s important to know your legal rights before you ever get stopped. R&H Criminal Defense Attorney Ian McDavid discusses roadside sobriety tests and whether you have to take them.

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One question we get a lot is sort of true or false: Do people need to take the voluntary roadside sobriety tests?

And the answer to that is no — they’re voluntary.

If you find yourself in a position where a law enforcement officer is asking you whether or not you want to take voluntary roadside sobriety tests, they’re asking you that question because they already think that you are guilty of impaired driving — whether from alcohol, drugs, or a combination of both. And what they’re looking for is for you to give them evidence to incriminate yourself.

These are tests that are, largely speaking, designed to be tricky and hard to perform — whether you’re drunk, high, or sober. And so in general, it’s not a good idea to do these tests.

If you find yourself in a position where you’ve had a case like this, feel free to give us a call.

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