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| Law Offices of Stephanie Lee Ehrbright, Esq. |
Five DUI Do’s and Don’ts
1. DO be polite and courteous to the Officer. They are just trying to do their job, but
even more importantly they can make your life much easier or much harder. Simple
decisions like whether to tow your vehicle or not are up to them. Be nice to them and
it is more likely that they will be nice back to you.
2. DO NOT take the Portable Breathalyzer Test or PBT. It is highly inaccurate and
the results are not likely to help you in any way. The PBT is a small Breathalyzer test
that is given on the side of the road. It will be a hand held device that the officer will
have you blow in to. This will only give the officer more probable cause to arrest you
and suspend your license. Politely refuse but tell them you will consent to the blood
test.
3. DO NOT do the Horizontal Gaze Nystagmus or HGN test. This is the test where
the Officer tells you to look forward and follow either their finger or a small light
with your eyes. This is a very subjective test and the results will most likely be
hurtful to your case. Politely decline when the officer requests that you do the test.
4. DO NOT do the Field Sobriety Tests or FST’s. These are the physical tests that the
officer does on the side of the road such as walk in a straight line, raise your foot and
count, lean back and touch your finger to your nose, etc. These are very subjective
tests and I have never seen them helpful to a client’s case. Politely decline to take
them.
5. DO let them draw your blood for a Blood Alcohol test. If you refuse to do this
test, then they will quickly get a warrant and do it anyway, but then your driver’s
license will be automatically suspended for a year. Therefore, you do have to let
them do this test.
1. DO be polite and courteous to the Officer. They are just trying to do their job, but
even more importantly they can make your life much easier or much harder. Simple
decisions like whether to tow your vehicle or not are up to them. Be nice to them and
it is more likely that they will be nice back to you.
2. DO NOT take the Portable Breathalyzer Test or PBT. It is highly inaccurate and
the results are not likely to help you in any way. The PBT is a small Breathalyzer test
that is given on the side of the road. It will be a hand held device that the officer will
have you blow in to. This will only give the officer more probable cause to arrest you
and suspend your license. Politely refuse but tell them you will consent to the blood
test.
3. DO NOT do the Horizontal Gaze Nystagmus or HGN test. This is the test where
the Officer tells you to look forward and follow either their finger or a small light
with your eyes. This is a very subjective test and the results will most likely be
hurtful to your case. Politely decline when the officer requests that you do the test.
4. DO NOT do the Field Sobriety Tests or FST’s. These are the physical tests that the
officer does on the side of the road such as walk in a straight line, raise your foot and
count, lean back and touch your finger to your nose, etc. These are very subjective
tests and I have never seen them helpful to a client’s case. Politely decline to take
them.
5. DO let them draw your blood for a Blood Alcohol test. If you refuse to do this
test, then they will quickly get a warrant and do it anyway, but then your driver’s
license will be automatically suspended for a year. Therefore, you do have to let
them do this test.
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