Do I have to take a breathalyzer or field sobriety test?

hoku • January 25, 2021

When police pull you over on your way home from a night out, you most likely are concerned that you may have had too much to drink. You know it doesn’t take many drinks to hit Hawaii’s .08 limit, and you really don’t want to face drunk driving charges. More than likely, police first will talk with you, trying to see if you slur your speech or smell of alcohol. Then officers may ask you to perform a field sobriety test or take a breathalyzer test to determine your blood alcohol content.

Can you simply refuse to take these tests?  

Hawaii DUI rules

Drivers in Hawaii aren’t required to perform field sobriety tests. You can refuse to take one at a DUI stop and not face additional penalties. You also can refuse to take a breathalyzer test. However, you can have your driver’s license suspended for two years just for  refusing a breathalyzer test  – even if you weren’t driving drunk. However, if you submit to the test, your blood alcohol content may register .08 and police will arrest you for DUI.

What about field sobriety test and breathalyzer accuracy?

Field sobriety tests, if administered correctly, often are very accurate. However, you can fail a sobriety test for other reasons than intoxication. You may have a medical condition that impacts your ability to balance well, or if you are elderly, you also could fail because you can’t physically perform the test well.

Yet officers don’t charge drivers with a DUI just because of a failed sobriety test. The breathalyzer test holds more weight in showing that a driver is intoxicated. However, breathalyzer tests can be inaccurate too if:

  • Police haven’t calibrated the machine properly.
  • Police haven’t had the machine cleaned regularly.
  • The officer administers the test improperly.
  • The machine has a software problem.

What to do if you face DUI charges

If police arrest you for DUI after a breathalyzer test, you should contact an experienced criminal defense attorney immediately. An attorney can help review the circumstances of your arrest and work to get your charges reduced or dismissed. An attorney also can present a strong defense against the charges, so you possibly can  have penalties for your DUI minimized.

You want to be proactive when facing DUI charges, so you can move forward with your life and avoid getting a DUI conviction, which will impact your life on many levels.

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