While I can't speak to every other attorney's motives out there it is interesting to me because it never crossed my mind.
First many DUI attorneys charge a flat fee, and it is not cheap, whether you plead guilty or go to trial. So the notion that the attorney makes more money for trial is not necessarily true.
Here's what you need to consider when deciding whether you want to submit to the tests:
You have already been stopped from driving by the police and questioned about where you have been and how much you have had to drink. Then the officer asks you to step out of the car. Then the officer says why don't you take some tests here on the side of the road. DING, DING, DING, there is a reason that you don't see Judges, Politicians, and others taking these tests and the answer is easy: Why on earth would a cop who already thinks you are driving under the influence of alcohol let you go? Think about it. Have you ever heard of a single case where the person did the tests on the side of the road and then the officer let them go? How about this one, why don't you just blow into this machine and as long as you are under I am going to let you go. Well I can certainly tell you that I have had clients blow as low as .04 and not be released. I have had clients submit to the Field Sobriety Tests, pass the tests, and still be arrested by the officer.
As you can see by AAIM's new push to penalize people for refusing to take the Field Sobriety Tests, without those tests it may be difficult for the state to prove that the officer had probable cause to believe you were driving under the influence. Right now it is not illegal to drive after you have had a drink. Of course, at the rate things are going I suspect that will change.
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