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Can You Refuse DUI Field Sobriety Tests Legally? | DUI 360
Manage episode 468382503 series 2105447
Many listeners wonder why and when police can request such tests during a routine stop.
In this episode, I break down the legal framework surrounding these tests, explaining the standards police must meet to justify their requests. I provide valuable insights into the process.
Importantly, I clarify that while police can ask for these tests, you have the right to decline. I dissect these legal principles and answer your burning questions about DUI-related matters.
Remember, this is purely informational and not legal advice.
Key takeaways:
- Reasonable Suspicion Requirement: Police need a reasonable suspicion, like the smell of alcohol, to ask you to perform a field sobriety test, but remember, you can decline.
- MIMS Order: When pulled over, police can order you out of your car for officer safety, thanks to the Pennsylvania vs. Mimms ruling.
- Legal Standards: Understanding the difference between reasonable suspicion and probable cause can help you better navigate your rights during a traffic stop.
Submit your questions to www.lawyertalkpodcast.com.
Recorded at Channel 511.
Stephen E. Palmer, Esq. has been practicing criminal defense almost exclusively since 1995. He has represented people in federal, state, and local courts in Ohio and elsewhere.
Though he focuses on all areas of criminal defense, he particularly enjoys complex cases in state and federal courts.
He has unique experience handling and assembling top defense teams of attorneys and experts in cases involving allegations of child abuse (false sexual allegations, false physical abuse allegations), complex scientific cases involving allegations of DUI and vehicular homicide cases with blood alcohol tests, and any other criminal cases that demand jury trial experience.
Steve has unique experience handling numerous high publicity cases that have garnered national attention.
For more information about Steve and his law firm, visit Palmer Legal Defense.
Copyright 2025 Stephen E. Palmer - Attorney At Law
417 episodes
Manage episode 468382503 series 2105447
Many listeners wonder why and when police can request such tests during a routine stop.
In this episode, I break down the legal framework surrounding these tests, explaining the standards police must meet to justify their requests. I provide valuable insights into the process.
Importantly, I clarify that while police can ask for these tests, you have the right to decline. I dissect these legal principles and answer your burning questions about DUI-related matters.
Remember, this is purely informational and not legal advice.
Key takeaways:
- Reasonable Suspicion Requirement: Police need a reasonable suspicion, like the smell of alcohol, to ask you to perform a field sobriety test, but remember, you can decline.
- MIMS Order: When pulled over, police can order you out of your car for officer safety, thanks to the Pennsylvania vs. Mimms ruling.
- Legal Standards: Understanding the difference between reasonable suspicion and probable cause can help you better navigate your rights during a traffic stop.
Submit your questions to www.lawyertalkpodcast.com.
Recorded at Channel 511.
Stephen E. Palmer, Esq. has been practicing criminal defense almost exclusively since 1995. He has represented people in federal, state, and local courts in Ohio and elsewhere.
Though he focuses on all areas of criminal defense, he particularly enjoys complex cases in state and federal courts.
He has unique experience handling and assembling top defense teams of attorneys and experts in cases involving allegations of child abuse (false sexual allegations, false physical abuse allegations), complex scientific cases involving allegations of DUI and vehicular homicide cases with blood alcohol tests, and any other criminal cases that demand jury trial experience.
Steve has unique experience handling numerous high publicity cases that have garnered national attention.
For more information about Steve and his law firm, visit Palmer Legal Defense.
Copyright 2025 Stephen E. Palmer - Attorney At Law
417 episodes
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