Driving Under the Influence Rights: Miranda Rights, Field Sobriety Tests, and Chemical Test Refusals

A common complaint from people arrested for driving under the influence (DUI) is that they were never read their Miranda Rights. (Miranda Rights entail an officer informing a person that they have the right to remain silent and the right to an attorney.) However, a law enforcement officer does not have to read someone their Miranda Rights when they are arrested. The actual Miranda rule is that they only have to be read to a person if they are in custody (e.g. handcuffed or in jail or some other situation where they are not fee to leave) and are then subjected to questioning by a law enforcement officer. Generally, police officers will read someone their Miranda Rights prior to an interrogation at the jail or a police station. But, in most DUI arrest situations, officers do not interrogate someone after they are arrested. Rather, the typical DUI involves an officer stopping a car, smelling alcohol from within the car and then having the driver step out of the car to perform field sobriety tests. At no time during this process are Miranda Rights necessary. Thus, as a rule, police officers do not have to read a DUI arrestee their Miranda Rights. If you have other questions about the criminal or DUI process, contact Sacramento Criminal Defense Lawyer Jonathan Turner.

Another common question is whether a person can refuse to perform field sobriety tests if asked to perform them by an officer. Field sobriety tests include things like walking a straight line heel to toe, touching one’s nose with the tip of their index finger, and standing on one foot for 30 seconds. As a rule, a driver suspected of DUI may refuse the field sobriety tests. However, if the person refuses, the officer will likely arrest them on the spot and have them take a chemical test. Case law has held that as long as an officer smells alcohol on a drivers breath and/or observes other “objective symptoms of intoxication” (e.g. slurred speech, blood shot, watery eyes, etc…), the officer can arrest the driver whether field sobriety tests occur or not. If you have any questions about DUI, contact Sacramento DUI Lawyer Jonathan Turner for a free consultation.

Field sobriety tests may include a preliminary alcohol screening (“PAS”) test which is a breath test using a small, portable device. Unless a driver is under 21 years of age, they may also refuse to take the PAS test. If a driver is under 21, they cannot refuse the PAS test. Again, if a DUI suspect refuses the PAS test, the investigating officer will likely arrest the person and take them to a police station or jail for a breath or blood test. If you have any questions about DUI field sobriety tests or PAS tests, contact Sacramento Felony and Misdemeanor Lawyer Jonathan Turner.

Another common question is whether a person can refuse to take a chemical test once they are arrested for DUI. The simple answer is “no.” As a licensed driver in California you have agreed to not refuse a chemical test if required to take one by a peace officer. Officers should offer the DUI arrestee a choice of a breath test or a blood test. There are exceptions to this rule such as when the officer suspects that the driver may be under the influence of drugs in which case blood is the only option. If a DUI suspect refuses to take any chemical test, they will be hit with a longer drivers license suspension (12 months instead of 4 months for a first time DUI offender). Furthermore, if a person refuses to take a test, officers are permitted to take a forced blood draw from the suspect. If you have questions about DUI license suspensions, contact Sacramento Drivers License Lawyer Jonathan Turner.

Another common questions is – which is a better test to take – the blood test or the breath test? Historically, it was better for people to choose the breath test option as breath tests tended to be less accurate than blood tests and could be attacked in court as such. However, today, breath testing equipment is more accurate and thus there is little difference in accuracy between blood and breath tests.