Monday, September 13, 2010

Sing it or say it

I had a recent client who was asked to perform some field sobriety tests after he had been pulled over for speeding. After being stopped, the police officer suspected him of a dwi. One of the tests was to recite the alphabet. Instead of speaking it, he sang it! Well, that's how we all learned our ABCs, is it not?

As a matter of law, you are NOT required to perform any field sobriety tests when pulled over; not even the PBT "box" the police have. But if they think you've been drinking, they will arrest you anyway. Back at the police station, they will read you something called the Implied Consent Advisory, and one of the items read off of that form is your right to consult with an attorney prior to submitting to a breath, blood or urine test. If you call me up, I cannot advise you NOT to take the test, as refusing to take the test is a crime. If the refusal sticks, your driving privileges are subject to a year's revocation! And that's hard to "sing" your way out of.