FIELD SOBRIETY TESTS: YOUR OPTIONS WHEN PULLED OVER FOR DWI
Attorney Tyson Mutrux describes in this video “Field Sobriety Tests: Your Options When Pulled Over for DWI”
Hi! Tyson Mutrux here with Mutrux Finney, P.C.. Today I want to talk about field sobriety tests and what options you have if you have been pulled over for DWI. Now when we’re talking about the field sobriety tests, we’re talking about the one-leg stand, horizontal gaze nystagmus (which is the eye test), and the walk and turn. Sometimes we’re also talking about the alphabet test or the number test; those are rarely used. We’re not talking about the breathalyzer; breathalyzer’s completely separate, and you’ll know why in a second.
So, what are your options? Well if you’ve been pulled over, obviously you can take the test. However, unlike the breathalyzer where it has the consequence of having your license suspended for a year if you refuse it, field sobriety test does not have that consequence, so you are free to refuse that test, and if it were me, I would actually refuse the test; especially it doesn’t matter if I was drinking or not; I would tell them, “Officer, you have no grounds to stop me. I don’t want to take the field sobriety test,” and they cannot suspend my license for that. There is no legal consequence. However, what they can do is that they can use that as a grounds to arrest me if there are other signs, if I’ve got bloodshot eyes, if I smell like alcohol. They put all those together and they come up with enough probable cause to arrest me; well, they can use that against me. However, that is not grounds to suspend your license, so you do have that option to refuse that.
If you have other questions about that, give us a call at 888 550 4026 or check us at www.mutruxlaw.com. Thanks for watching. Have a great day.
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Attorney Tyson Mutrux is licensed in Missouri, Illinois, and U.S. Federal Courts. Tyson takes his role seriously in representing clients in cases involving misdemeanor and felony charges under Federal, Missouri and Illinois Laws. In 2014, he became a member of The National Trial Lawyers Top 100 Trial Lawyers. This is why Avvo has rated him “Superb” (10 out of 10) for criminal defense. Tyson’s experience in criminal defense gives his clients a distinct advantage over the representation provided by other private practice attorneys and public defenders. Tyson handles cases all over Missouri and Illinois, mostly in Central and Eastern Missouri. He provides pro bono legal services for military veterans and has also been heavily involved with The Missouri Bar.