I was recently in an automobile accident during which an emergency vehicle was in the far right lane so the car in front of me yielded to the far left lane (the fast lane of the highway) and proceeded to stop immediately just after getting over a hill when she was out of my line of sight.
I tried to avoid the accident by stopping while changing lanes but there wasn't enough time or distance to avoid the accident. Both cars airbags deployed, their car tipped over and mine was completely disabled. I had been leaving a bar which I told the State Trooper, when asked to perform a field sobriety test I just asked for the officer to take me to jail.
For my ALR hearing were there any legal reasons to deny this test? The trooper asked if my back hurt, if I had a concussion, etc which I said no
Also for what it's worth this was in Dallas, Tx and this took place in the beginning of December, I have not yet been charged with the DUI but I am now have the court date for my ALR hearing.
DUI / DWI Attorney
From your comments, the sobriety test was not denied you. Apparently, the trooper asked you to do them and you 'just asked for the officer to take [you] to jail'. Accordingly, you refused the offered test. If you do not know the elements and procedures of an ALR license hearing, I would recommend you retain a good lawyer in your area who does.
6 lawyers agree
DUI / DWI Attorney
Refusing the field sobriety tests are not a basis for license suspension. Refusing the chemical test will result in a suspension if the arrest was valid. The question seems to be whether or not there was legal justification for the arrest, which will require a careful sophisticated evaluation of the other evidence of the arrest. You need an experienced DWI attorney with a record for winning ALR hearing-not all do, so select your attorney carefully. Until that is done properly, no evaluation is realistic. Have you already made your request for an ALR hearing?
Child Custody Lawyer
You can make this argument in the ALR hearing but it likely won't hold water. A refusal is a refusal. None of these issues prevent you from blowing into a machine or submitting to a blood draw, which is what the ALR hearing is actually about. It's not about your refusal to take the field sobriety tests. Although these facts are great for a trial, especially if you have no blood draw or breathalyzer tests.
Criminal Defense Attorney
In the future you should know in advance about whether to take these tests by talking to a DWI lawyer and getting his advice. You should also understand your constitutional rights to remain silent, refuse to consent to a search of your person or vehicle, and how to handle this sort of situation so that you do not give the poilce more evidence to convict you and do not refuse a breathalyzer or blood test unless it is worth the license suspension and fines associated with the refusal, as well as the fact that you may have to go to trial with a refusal in most jurisdictions. You should retain a good DWI lawyer to handle the case.
2 lawyers agree