Field Sobriety Tests--Not Mandatory!

People often ask me about what they should do if you are stopped by the police and are suspected of OUI. There is no perfect answer to the question because there are risks to every course of action you might take.For instance, if you intentionally refuse to take the breathalyzer test, you will automatically lose your license for 9 months!  However, you do not have to submit to field sobriety tests if requested by the officer. The tests are designed to give the officer probable cause to believe that you are under the influence.  The results of these tests can be used to convict you even if your breath alcohol level is under the legal limit (0.08) because if you show any impairment attributable to alcohol intake it is enough to be found guilty of OUI. If you refuse to take the tests, the officer may simply take you into the station and have you perform the breathalyzer test.  If your alcohol intake was low--you might even pass the breath test!  It takes a bit of nerve to refuse to take the field sobriety tests--but your cooperation IS NOT MANDATORY!