Did you know that you have the option of refusing to take a blood or breath sobriety test?
Shawn McDonald of SMB Criminal Defense Lawyers explains in this video his advice to clients when it comes to sobriety testing. His first advice is to not drink while under the influence. But, if you do find yourself in a situation where you’ve been drinking and driving and are intoxicated, don’t provide a blood or breath sample. You should refuse to partake in any tests that could potentially be used as evidence against you in a DWI charge. It should also be noted that field sobriety test results are completely subjective. If an officer truly believes you are impaired and under the influence, his analysis of your field sobriety tests will be heavily biased.
McDonald expounds on sobriety refusal with the notion that on some holiday weekends, some Texas counties will implement what they call a “no refusal.” If you refuse to have your sobriety checked, the officer will obtain a search warrant. You’ll be taken to the hospital and forced to give a sample to measure your blood alcohol content. In situations like these, there isn’t much of a defense.