When in the situation of having been stopped by authorities for and suspected of driving under the influence, it can feel as if you are caught between a rock and a hard place.
Almost certainly, police in Tennessee and other states suspecting a person of DUI, will ask them to take a field sobriety test at the time of the stop. If you take that test, any results can and will be used against you. If you refuse, it could lead to a charge of failing to abide by the implied consent law.
In an ideal world, you might be able to call an experienced lawyer for guidance, but in the heat of that moment, the decision is more than likely going to fall to you. At least now you know some of the possible consequences regarding decisions related to field sobriety tests.
This all comes to mind in the wake of a recent DUI accusation that had faced Tennessee Titans player Brandon Barden. He was arrested back in February in Georgia and booked on suspicion of driving drunk after the pickup he was driving went off the road, hit a ditch and landed on its side.
The official police report suggests that the 24-year-old Barden suffered some sort of injury in the wreck, but refused treatment at the scene. He also refused to submit to a field sobriety test, breath testing or chemical testing. The ultimate citations issued included DUI and failure to maintain his lane.
Last month, Barden appeared in Georgia court to answer to the charges and saw them dismissed. The reason: because the citing officer failed to show for the date. Lacking an accuser, Barden's attorney reportedly asked for and received an order dismissing all charges for lack of prosecution.
It's not clear why the officer didn't make an appearance. Regardless, this is one that can be marked as case closed.
Source: The Tennessean, "Brandon Barden's DUI charge dismissed," Jim Wyatt, May 23, 2013