police conducting field sobriety test with pen

Do I have the right to an attorney if I am asked to take a field sobriety test?

Do I have the right to an attorney if I am asked to take a field sobriety test?

Police perform a sobriety test to determine if there is a reason to arrest a driver for drunk driving after suspecting intoxication.

Does a field sobriety test require witnessing by an attorney?

Many of us may want to challenge a field sobriety test because our subjectivity depends on police, and the chosen method might be unreliable. So shouldn′t someone get an opportunity to call a lawyer to witness if the test is reliable? The presence of an attorney and legal representation is not a requirement. However, legal representation is allowed after arrest or when we want to challenge the accuracy field sobriety test in a court.

Can a driver refuse to take a field sobriety test and call an attorney?

A driver might refuse to take the test, and most likely, the police will arrest the person as they assume refusal might mean the person is hiding signs of intoxication. Legal representation becomes a right when police execute a DUI arrest as arrested people have a right to call their attorneys.
We should call a lawyer after arrest as police are likely to perform a chemical test or a breathalyzer. After the arrest on suspicion of intoxication, the standard protocol for law enforcement is a requirement for a chemical test. We need attorneys to witness the testing, especially when we fear that a breathalyzer or chemical testing kit might generate inaccurate results. It is better than refusing to take a test as the prosecution uses the refusal as evidence of intoxication. Some states do not grant the right to refuse a chemical test.

Right to an attorney due to Miranda rights

Drivers include those who might be intoxicated, do not lose their Miranda rights. We can decline to answer questions whether they submit to a field sobriety test or not. We still have Miranda rights if it gets to a demand for chemical testing. The police must allow us to call an attorney after an arrest and reading the Miranda rights or after subjecting us to a chemical test. The attorney will negotiate pleas on our behalf if there is a meeting with a prosecutor and defend us if the matter progresses to trial.

Accused of DUI after a sobriety test?

We should encourage any of us arrested for drunk driving and feel the result field sobriety test was inaccurate to hire a DUI attorney immediately. DUI attorneys provide legal advice on the rights of a defendant and help to challenge test results. They also participate in defense and negotiate a plea with the prosecutor. Toney Law Firm LLC has attorneys with years of experience in DUI and criminal defense. The teams led by Sarah Toney and Cambry Mcnabb are have been acknowledged for their legal skills in defending defendants of all ages. They have defended many in intoxicated driving cases to gain rights, freedoms, and acquittal.