Conviction and other consequences involved with drunk or drugged driving can be severe. The government’s case often depends on evidence from sobriety tests.
There are several types of tests, but two main categories. This article will look at those categories and examine what each type might mean for someone facing accusations of driving while intoxicated.
First test category: field sobriety tests
The first category of tests is field sobriety. There are various types of these tests, each with a varying level of accuracy. Various other factors could also influence the reliability of field sobriety tests.
Furthermore, drivers have the right to refuse to participate in these types of tests. While the state might use that refusal to support its argument and pursue a conviction, refusal of an FST does not carry the same immediate license revocation, as does refusal of other types of tests.
Second test category: chemical tests
The next category of tests includes chemical tests. These are typically blood or breath tests. If a driver tests above the legally allowed limit, then license revocation would immediately occur, and officers would most probably place the driver under arrest if they had not done so already.
Refusal to participate in chemical testing would likely result in license suspension. The suspension typically lasts for one year, which is the same minimum duration that courts order for a first conviction for DWI.
Beyond license suspension, which is sometimes subject to an official restoration after completion of a substance program, DWI is a serious crime with corresponding potential consequences. Even if arresting officers imply that it is a little more than a traffic offense, convictions for DWI could have ramifications for years.
