Being questioned on the side of the road by a police officer who thinks you've been drinking is a stressful experience with potentially life-altering ramifications. However, it's often a good idea to exercise your rights even during this challenging time by declining to participate when asked to do several things. 

What are these? Why should you decline them? And how can you do so? Here's what every driver needs to know. 

What Can You Decline?

Did you know that most elements of roadside sobriety testing are voluntary? Most Americans do not, and officers do not always advise them of such rights — even if they are supposed to. 

In fact, eye tests, breathalyzers, walking sobriety tests, and answering questions are all voluntary in many jurisdictions. You have a right to remain silent, and you often have a right to decline haphazard roadside testing without explaining yourself. 

Why Should You Decline?

Certainly, if there is any chance that you could be over the legal driving limit of alcohol, declining these tests prevents the officer from gaining confirmation. However, even if you believe that you are not guilty of driving while intoxicated, declining prevents them from obtaining evidence they will use to build a stronger case. 

Many field tests are subjective — based on observations and experience rather than hard facts. This means they can and are misread and misused. They often require careful setup and execution, which officers often fail to do. All this adds up to the potential that a false result will be logged. 

How Should You Decline?

Always remain calm and respectful. Officers who can't gain evidence for an arrest from field testing or catching you out through questioning may try to get you worked up or stressed instead. An emotional state can lead you to do rash things, like resisting arrest. It also increases the likelihood that you'll admit to something they can use. 

Respectfully notify the officer that you are declining a test or remaining silent on the advice of your attorney. Repeat yourself as necessary, but don't become belligerent or frustrated. Then, work with an attorney as soon as possible, letting them handle law enforcement for you. 

Where Can You Learn More?

Do you know what DUI tests are voluntary or mandatory in your state? Want more tips for minimizing the chances of an arrest or defending yourself against charges already made? Contact an attorney to learn more about DUI law.