It could happen to anyone. You’re driving back after watching the game with friends and you’re pulled over. What should you do? What are your rights? Remember these three tips:
- There is no penalty for not taking the standard field sobriety tests.
- Your license will be suspended for at least one year if you refuse to take a certified chemical test.
- Any statement you make during the testing will likely be admissible against you.
Standard field sobriety tests like the horizontal gaze nystagmus, one leg stand and walk and turn test are tools utilized by law enforcement during an DUI investigation. You are not required to take these tests and there is no legal penalty for refusing them.
Conversely, under Indiana’s implied consent law you must submit to a certified chemical test when offered by law enforcement. If you refuse, your license will be suspended for at least one year. This test is only required if an officer has probable cause to believe you’ve operated a vehicle while intoxicated and you must submit to the type of test offered – whether blood, breath or urine.
Lastly, be aware that most statements you make during the course of an DUI investigation will likely be admissible against you. Remember, Miranda warnings only apply when someone is both in custody and being questioned by law enforcement. Indiana courts have consistently found that a person is not “in custody” during the course of such an investigation, and, therefore, Miranda warnings do not apply.