DUI Conviction lawyer Salt Lake City UT

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Are Sobriety Tests Mandatory?

 

It is the duty of all US citizens to not drive while intoxicated. However, many people have no idea whether or not they are required to take a sobriety test if an officer asks them to, as a DUI lawyer in Salt Lake City, UT can attest. This guide will explain what your rights are in this situation.

 

The Breathalyzer Test

Generally, you are under no obligation to take a sobriety test. However, there are a few situations where you are legally obligated to take the test. If you are allowed to decline, you should. Sobriety tests are subjective. Essentially, it is up to the officer to decide if the test proves whether you are intoxicated. Additionally, a sobriety test can prove your guilt, but it cannot prove your innocence, which means you have nothing to gain from taking it.

 

When a Sobriety Test Is Mandatory

It is very important for you to understand when you are required to take a sobriety test. Refusing to take it when you are actually legally obligated to can result in serious consequences. There are only four reasons why you might be required to take a sobriety test of some kind:

 

  • You are already under arrest
  • You are a minor
  • You are on probation for a previous DUI
  • Your state requires you to

 

The first three situations are relatively easy to understand, but the fourth is pretty broad. Each state has varying laws, and some states have laws that require drivers to take sobriety tests. You should research the laws for your state specifically or speak with a DUI conviction lawyer in Salt Lake City, UT to learn more.

 

Additionally, some states have laws that do not make it mandatory, but lay out consequences for refusing. For example, in California drivers are not required to submit to a test, but any driver who refuses can be held for up to 48 hours to prevent them from driving while potentially intoxicated. Your state may have a law similar to this one, so it is important for you to know your rights.

 

If you have already been arrested for a DUI, the very first thing you should do is hire a DUI conviction lawyer in Salt Lake City, UT to represent you. Hiring a DUI conviction lawyer in Salt Lake City, UT who specializes in DUI cases is especially beneficial. The longer you wait to hire a DUI conviction lawyer in Salt Lake City, UT, from Rasmussen & Miner the worse your situation will be.