It happens while pulling away from a favorite watering hole, a lively party, or just making one last trip to the liquor store before it closes. Adrenaline increases as blue and red lights illuminate the interior of the car. A police officer pulls the car over to have a late night chat. As the window cracks, boozy air releases into the cop’s face and the possibility of a sleepless night in a cold cell and a day in court for drunk driving becomes a reality.

According to the National Highway Traffic Safety Administration, approximately 1.4 million Americans are arrested for driving under the influence each year. It’s an inexcusable and moronic act that shatters coutless lives and families. In 2005 alone, nearly seventeen-thousand Americans died in alcohol-related motor vehicle accidents, according to the Center for Disease Control and Prevention’s website.

The consequences of being caught on the road after having one too many are critical for the driver, but the impact a DUI can have on your professional and personal life is much more far reaching.

“A DUI conviction can result in several thousands of dollars of fines and fees, lost job opportunities, exclusion from some professional associations, and the very likely chance of being targeted for enforcement stops in the future,” says James J. Baxter of the National Motorists Association.

All police officers have extensive training and most have years of experience spotting blurry-eyed motorists. The worst thing is to assume it won’t happen to you; getting stopped by the police can and will happen.

Police officers are instructed to not give out information on how they perform field sobriety tests and pinpoint drunk drivers because they don’t want people to think they can get away with driving under the influence.
“We know what we’re doing and we do it with a high degree of accuracy,” says California Highway Patrol Officer Shawn Chase. However, California State University Police demonstrated sobriety tests at SF State in early April that expanded on some of the tactics they employ.

“All the evidence collected like red eyes, unsteady gait, and slurred speech are all red flags,” says CSU Officer Barber. “We try to make [the tests] as easy as possible, so you can’t blame it on us.”

If you’re pulled over for drunk driving, the officer will ask you to perform a Field Sobriety Test and to submit a breath test using a portable analyzer. In California, a person has the right to decline both tests, but the police will arrest him or her immediately and take them to the station for further testing. “Even if you’ve consumed a small amount of alcohol, it is in your best interest to go to the station,” says San Jose DUI attorney Leo Reilly. Also, people under twenty-one don’t have the right to decline any type of roadside tests.

According to Reilly, the Field Sobriety Test is wholly subjective and the breath tests aren’t always completely accurate. “I would always decline [the breath test],” insists Reilly. “Always take a blood test—if you take the breath test, you are crazy, just crazy.”

If a person is not sure they will pass the breath test, the blood test is the safest option. Additionally, blood tests leave evidence that a lawyer can re-test and produce in court. “[Police] don’t like blood tests at the station because it leaves a sample. Five times this year I tested a sample that didn’t vibe with [police] results,” says Reilly.

It’s guaranteed that a DUI arrest will be a hellish situation. Even if a driver doesn’t hurt an innocent person in the process, it will take months to resolve the situation and put a serious dent in their budget, and, more importantly, their future. Alcohol-related driving accidents have a huge impact on countless lives each year, so exercise common sense and always designate a driver. If you are pulled over after a drink or two, though, it is best to remember your rights when being interrogated and to use good judgment.