If an officer stops you for suspicion of driving while intoxicated, there are several steps the officer will take. The first thing they will probably do is attempt to administer a preliminary alcohol screening test at the site of the stop. But is taking this test in your best interest? If you refuse, are there any penalties for doing so? The answer to these questions may surprise you. 

Can The Officer Require A Preliminary Alcohol Screening Test?

The request for a preliminary alcohol screening test, or breathalyzer test, is made when the officer suspects you are under the influence of alcohol. This field sobriety test usually includes blowing into an electronic device.

The device then provides the officer with an immediate reading of your blood alcohol content or BAC. The officer may request you to do this a couple of times and take the average of your readings. 

Most officers will not tell you that you are not legally required to take this test. Many DWI attorneys will advise you not to do so, although the test results can sometimes be beneficial for certain defenses. 

Unfortunately, refusing the test will probably result in you being arrested and taken to the station.

What Happens Once You Are Arrested?

Once arrested, the officer will require you to submit to a test, but you have rights surrounding this test. Some of these rights include:

• Contacting an attorney before taking the test
• Having a witness present for the test
• Testing performed by a certified testing officer
• Receiving at least two different tests and an averaging of the results

You will also have the right to seek your own blood test at your expense when they release you from custody. Remember, the time lapse before that blood test could result in much lower results.

Failing the follow these procedures could invalidate the results of your tests and create a defense argument for your DWI lawyer.

When Am I Considered Legally Drunk?

Your BAC rises as soon as 15 minutes after you begin drinking. Your levels are often at their highest approximately an hour after your consumption. You are considered legally intoxicated with any reading at .08 percent or higher. Many things affect your BAC. Some of these include:

• Your weight
• Your gender
• Your diet
• Your choice of alcohol
• Smoking
• Mouthwash

Your BAC is also affected by the type and alcohol content you may have consumed.

It is never advisable to drink and drive, but if you get behind the wheel after having a drink or two, make sure you know your rights. Reach out to a DWI lawyer to learn more.