7.12.2009

Seattle Traffic Lawyer | Field Sobriety Tests

The most disheartening thing to see as a Seattle traffic lawyer when a client walks into the door is that they didn't do everything they could to exercise their rights and take advantage of their rights to create the best situation possible for them to beat their Seattle DUI. And one of the areas where I see this time and time again is consenting to field sobriety tests.

If you didn't know already (and there is no real reason you should know, unless, of course, you have friends or relatives that are DUI attorneys), you don't have to take field sobriety tests in Washington State.

The reason for this is fairly straightforward: we all have Constitutional rights, one of which is the right not to incriminate ourselves. Field sobriety tests are given for the sole reason of proving we are too drunk to drive (even though they don't really do that). So, if you decide to refuse them, it shouldn't be held against you in court.

And to think to yourself, "I'll take these field sobriety tests and prove to the police how sober I am" is, to say it bluntly, stupid. Let me put it to you this way, we are seasoned Seattle traffic lawyers and I would never, under any circumstances, take field sobriety tests. All they do is dig whatever hole you are already in deeper. The police are looking for reasons to write down in their report to back up their belief that you were drunk, and they'll see that when you are doing your field sobriety tests.

If you are ever charged with a DUI in the Seattle area, don't wait until you are arrested to assert your rights. Right when you think you are in trouble (about the time the officer asks you to do field sobriety tests), immediately ask (nicely) to speak with your Seattle traffic attorney. It can mean the difference between beating your DUI, significantly reducing your DUI to something much easier to deal with, and being convicted of DUI.

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