There are people who believe that if you do not get our of your vehicle
when stopped on suspicion of DUI, and you refuse to perform sobriety
tests, that you will improve your chances of being charged with a DUI. A
recent case in New Jersey, for now, refutes this belief.
An officer witnessed a driver turning into the wrong lane of traffic. He
stopped the driver and detected a strong smell of alcohol on her breath.
She refused to get out of her car and submit to sobriety tests. After
all, was said and done, she was charged with DUI, brought back to the
station and had a BAC of .91. Well over the legal limit. She was found
guilty of DUI and obstruction justice.
The driver appealed her convictions on the basis that there was not
reasonable suspicion to arrest her for DUI as she did not "fail" any
field sobriety tests. The court determined that the strong smell of
alcohol alone was sufficient ground to have a reasonable suspicion of
DUI. If you live in Burlington, Essex, Colchester, Winooski, Williston,
Shelburne or anywhere in the state of Vermont, and have been arrested or
charged with DUI or any crime, call Handy Law for aggressive and
experienced legal defense.