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Sobriety Tests

Created by FindLaw's team of legal writers and editors | Last reviewed June 20, 2016

This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw’s team of legal writers and attorneys and in accordance with our editorial standards.

The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area.

After a police officer has conducted a traffic stop and suspects a DUI violation, he or she will conduct one or more tests to determine whether or not the motorist is impaired. Usually the process begins with a field sobriety test, in which the officer asks the driver to perform a set of tasks that would be difficult for a drunk driver to complete. The officer then uses an instrument to measure an individual's blood-alcohol concentration (BAC), most commonly called a breathalyzer. This section covers a range of topics pertaining to sobriety tests and their use as evidence in a DUI case.

Learn About Sobriety Tests

  • BAC Test FAQs

    The first thing a police officer must do at a DUI stop is to determine how intoxicated the driver is, and one of the best ways to do that is to discover a driver's blood-alcohol content (BAC). This article has some useful information on the different types of BAC tests.

  • Breathalyzer Calibration

    A blood-alcohol reading is only valid if the blood-alcohol testing device was properly calibrated. Read about the steps police must take to ensure their readings are accurate.

  • Field Sobriety Tests

    Aside from breath, blood, and urine tests, law enforcement have a number of ways to gauge how drunk a driver is. This article describes the various field sobriety tests police have at their disposal.

  • Implied Consent Laws

    In some cases, you can refuse to take a breathalyzer test, but many states have implied consent laws, where you are deemed to have consented to take these test simply by driving.

  • No-Refusal DUI Enforcement

    Aside from implied consent laws, many states have decided to enforce “no-refusal” laws about sobriety tests. Learn about these controversial laws and how they might impact you.

Sobriety Tests Articles

You Don’t Have To Solve This on Your Own – Get a Lawyer’s Help

Meeting with a lawyer can help you understand your options and how to best protect your rights. Visit our attorney directory to find a lawyer near you who can help.

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Can I Solve This on My Own or Do I Need an Attorney?

  • Complex DUI situations usually require a lawyer
  • DUI defense attorneys can challenge Breathalyzer/Intoxilyzer or blood test results
  • A lawyer can seek to reduce or eliminate DUI penalties
  • A lawyer can help get your license back

Get tailored advice and ask your legal questions. Many attorneys offer free consultations.

 

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