I tell people that if they have had nothing to drink, or very, very little, then they should consent to the test. However, if that is not the case, a driver has the right to decline to do the Standard Field Sobriety Test and has the right to decline to give a blood or breath […]
“Would you recommend that a driver take or refuse a field sobriety test?”
New Mexico’s “Implied Consent Act” and medical sobriety tests
Once you’ve been arrested the officer will read you something called the New Mexico Implied Consent Act. That is a law in New Mexico that says if you drive on the roads of New Mexico, you have consented to giving your breath test, blood test, or both, depending on what an officer asks you. You […]
What if the police testify as a witness, saying “this person failed the field sobriety test”?
They shouldn’t say somebody ‘failed;’ They should say that they ‘detected a certain number of clues.’ You can’t pass or fail the Standard Field Sobriety test, but if they detect a certain number of clues, then they can say they had a reason to believe you may be driving under the influence of alcohol and […]