No Fields, No Blow.
Being pulled over is a stressful occurrence, to say the least. And when the red and blue lights are flashing in your rear view mirror, you will forget pretty much everything you have read here. But remember this: No fields, No blow.
When you are pulled over for DUI, the police officer will use every piece of evidence he can to determine if you are an impaired driver. By the time you have been pulled over, the officer would have already observed your driving. The officer would have had to witness either a moving violation or an equipment violation. Which means that unless your headlight is out or your registration is expired, the police officer has already seen you violate a traffic law.
Do not make it easier for the officer. You are required to produce a valid license, up to date insurance information and registration for the vehicle you are driving. You do not have to have a conversation with the police officer. You do not have to tell him where you are going. You do not have to answer his questions. Simply give the officer your license, insurance and registration and politely state that you are not answering any further questions. This doesn't allow you to slur your words or say anything that may incriminate you.
Police officers may lie. I am not saying police officers are liars, but they can mislead you during the course of their investigation. They may use tactics such as, "I want you to blow into this portable breath test to make sure you are okay to drive home; I don't want to arrest you" or "how about you do this field sobriety test so I can let you drive home". If an officer asks you to step out of the vehicle, you should comply. However, if you do not feel safe or you have reason to believe you are being treated unfairly, you have the right to ask for a supervising officer to come to your location.
Once you are outside of the vehicle it is important to know your rights. You do not have to comply with a police officer's request to perform the field sobriety tests. Those tests are designed to make you fail. To give you an idea, I performed a field sobriety test in front of officers when I use to intern for the State's Attorney's Office. I performed two of the three tests that officers use to determine if a driver is impaired. I was sober. I failed.
The Walk and Turn Test- The Walk and Turn Test works something like this:
You have to walk on a line, heel to toe for nine steps, without wobbling, swaying or even using your hands for balance. If there is a gap between your steps, you can fail. If you turn improperly at the end of the nine steps, without pivoting, you fail. If you step off the line you can fail.
One Legged Stand Test- The One Legged Stand Test is a test of balance. You stand in one spot, you elevate one foot less than a foot off the ground, and count for a specified amount of time. If you wobble or use your hands for balance, you can fail. If you put your foot down, it can be a fail. If the wind blows you over, they can fail you.
Horizontal Gaze Nystagmus Test- This is a test that is completely subjective. Meaning, only the officer, who looks into your eyes can determine if you pass or fail. It will not be evident on a squad car video if you pass or fail this test. The officer uses a pen or a finger and moves it across your face from left to right and right to left as your eyes track it. They are looking for random eye jerking that might indicate that you are impaired. Again, if you perform this test, only the officer can tell if you fail this test. More importantly, the nystagmus could be evident due to fatigue, illness, medication, etc.
All three tests are not error proof. There are hundreds of explanations as to why someone might fail these tests, ranging from poor balance to eye disease. Regardless, a police officer will use these tests as evidence against you. A judge will likely watch the video of these tests to determine your guilt. However, a judge can not rule that you failed the field sobriety tests if you respectfully refuse to take the test. All the aforementioned information relays to the criminal charge of DUI. But there is also a civil consequence to a DUI.
Illinois is an implied consent jurisdiction. What that means is, every time you're behind the wheel, it is implied you will give consent to law enforcement to prove you are not impaired. However, under the "No fields, No blow" mantra, it helps to defend you against the criminal DUI charge not the civil penalties.
If you refuse to blow into a breathalyzer at the police station there are ramifications to your license. If you refuse to blow, the Illinois Secretary of State will statutorily suspend your driver's license. Those suspensions are generally as follows (for driver's over the age of 21):
-If you take the test but fail = 6 month suspension
-If you have a valid driving license and are a first-time DUI offender, you may able to drive with a Monitoring Device Driving Permit (MDDP) on the 31st day of the suspension. You cannot get the restrictive permit if you caused death or serious bodily harm.
-If you refuse to take the test= 1 year suspension
-If it is not your first offense, and you refuse testing, then the statutory suspension of your license will be longer, anywhere from 12 to 36 months.
*These suspensions start 45 days after you are given the notice of suspension.
Now I know what you are thinking. You can't afford to lose your license. My job is to get that license back. There are certain criteria and guidelines that law enforcement has to follow in order to successfully suspend your license. But it is possible to get your license back and win your DUI trial. And your chance for success go up when you listen to some very simple advice.
No field tests. No blow.
Comments