Steven Waterkotte of Combs Waterkotte Law Firm answers “Can you refuse a breathalyzer test?”
Episode Transcript
Steve Waterkotte: They’re what we call “standardized field sobriety tests.” And the typical three are the walk and turn, the one leg stand, and the horizontal gaze nystagmus, which is the pen in front of your, the fingertip.
Most folks have heard that or seen it. They’re looking at certain criteria. I get people that say, “Well I passed those.” Well, you wouldn’t know, as the subject of the field sobriety test. But every individual, you, me, Chris, we all have a choice. You’re not under any obligation to take those. Again, what are those designed to do? Provide the officer with additional evidence.
Scott Michael Dunn: It’s just mounting, mounting evidence.
Chris Combs: They’re trying to build their case.
Steve Waterkotte: Now all of a sudden you have your field sobriety test, the three that I mentioned, then they get a breath test result. That can be damning evidence at that point.
Now you remove that. What are you left with? It’s what Chris said. The officer’s observations. “We smelled alcohol.” You’re removing a whole bunch of evidence that they would use against you. Much easier case to beat at that point, right? It’s kind of common sense.
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