When the police pull you over on suspicion of operating a vehicle under the influence of alcohol or drugs (OWI), you can be sure that they will ask you to take a field sobriety test, and likely a breathalyzer. However, not many people know what these tests entail and whether or not you are legally required to take them.
The amount of Michigan dwellers who report driving after drinking more than they should is the same as the national average, which is why it is important to educate yourself on field sobriety tests. If you are even in a situation where the police pull you over, you will know whether you need to take the field sobriety tests or just the chemical tests.
The field sobriety tests are the alternative to chemical testing, used by law enforcement to judge if you are impaired. While there is controversy as to whether these tests are as accurate as chemical testing, due to police officers using their own judgment, studies show that when all three tests are used together, police have an 82 percent accuracy rate.
It is your choice whether or not you perform the three field sobriety tests. Even if the police suggest that it is not an option, there is no legal requirement that you take the tests. However, if you refuse they will likely ask you to perform a breath test. Chemical testing is not an option, as Michigan is an implied consent state. This means that by driving, you have already consented to chemical testing if the police pull you over on suspicion of an OWI.
Having the police pull you over can be scary, especially if you do not know your rights. Knowing what the field sobriety tests are and that you have the choice on whether you want to take them may help you feel calmer.
We offer a free initial consultation so you will get an opportunity to meet us, and we will have an opportunity to learn more about your legal issue.
Mr. Manzella represents businessman William Weber, who admitted to falsifying an invoice at ex-Macomb prosecutor Eric Smith’s request. He pleaded guilty to misdemeanor charges of conspiracy to commit a legal act in an illegal manner, with felony offenses dismissed during the sentencing.
L’Tonya Marie Payne, a 51-year-old black woman, is facing misdemeanor assault charges following an altercation. The complaining witness, who is white, stated the police would not believe Ms. Payne due to her skin color. Attorney Vince Manzella is working alongside Ms. Payne to fight these allegations, as she was arrested simply on the basis of the witness’s word.
Joseph Wolf, former director of the Detroit Stars, was sentenced to two years of supervised probation. Wolf pleaded guilty to embezzling funds from the nonprofit youth baseball league. Typically, the felony count can result in up to 10 years in prison, a fine of $15,000, and other charges, but Lucido & Manzella, P.C. was able to help the client receive a reduced sentence.
Charles Frontera, a former Roseville city councilman, was sentenced to a year of probation after a misdemeanor charge was dismissed at sentencing. During a pretrial conference, Mr. Frontera pleaded guilty to substance possession, and in doing so, Attorney Manzella was able to protect the client from severe charges.