When a person is arrested for drunk driving, he or she may be anxious about what could happen as a result of the arrest or charges. This anxiety is understandable as having a DWI on one’s record could make it difficult to get a job for many years. In addition, a DWI charge can result in prison time, losing one’s driver’s license and fines. Since being arrested and sentenced for a DWI is so serious, it is critical to know one’s rights before an arrest even occurs.
Earlier this week, a Texas woman was pulled over by an officer shortly after a hit-and-run accident occurred nearby. It is unclear whether the officer pulled the woman over for a traffic violation or whether the officer was just looking for the driver who ran from the nearby accident. Regardless of the officer’s reason for pulling over the woman, his interaction with her was a pivotal moment in her evening.
When the officer approached the vehicle, he allegedly observed that the woman’s speech was slurred, breath smelled of alcohol, and eyes were bloodshot. The officer then asked the woman to take a field sobriety test. While the woman refused to take the test, she was arrested for a DWI anyway. It is not reported whether the woman took a breathalyzer test either when she was pulled over or after she was arrested.
While some may think that this woman was wrong to refuse the field sobriety test, a person has the right to refuse field sobriety and breathalyzer tests. However, just because a person can refuse the test does not mean the person cannot be charged. It may even be more difficult later on to defend oneself after refusing tests on the scene.