OWI / drunk driving · August 16, 2024

Outlaw University: Your Rights and Field Sobriety Tests

(Ported from the firm's current site — original. For the firm to review before launch.)

Welcome back to Outlaw University. Hopefully you've had a chance to watch our first video in our series – it's a hypothetical on what I would do if I was pulled over for Drunk Driving.

I've been pulled over in our hypothetical and the officer has taken my information. He or she has asked me for a statement. Were you drinking? Where have you been drinking? I have politely answered I'm not going to answer those questions.

So what's the next thing that's likely to happen? Well the officer is likely to ask you to get out of the vehicle and go to the rear of the car. If it was me I would comply with that. So I get out, I go to the rear of the car. Next the officer is going to explain standard field sobriety tests. There are three of them generally that are given. For the purposes of this video and what I would do if I was pulled over for drunk driving, I would not take any of those standard field sobriety tests.

I would politely again refuse. Say "no thank you, I appreciate it." Now the officer is probably going to get frustrated a little bit with you, but you're going to have to hold your ground there. Because there's really no consequence to it. If you just politely say "no I'm not going to do that" it's not a civil infraction, it's not a crime so you can refuse that.

So now at this point, the officer has your driver's license, registration, proof of insurance, he does not have a statement from you that you've been drinking and now again you haven't lied to the officer, you just said you're not going to answer that question.

The officer's got you to the back of the car and asked you to do a standard field sobriety test and you have not done that.

So where does the officer go from there? Now the officer is likely to ask you to take a PBT (Preliminary Breath Test) so that's going to be the subject of the next video!

This article is general legal information for Michigan readers, not legal advice, and reading it does not create an attorney-client relationship. Past results never guarantee future outcomes. For advice about your situation, call (269) 373-5430. Attorney advertising.