As a DUI defense attorney, people always ask me, “should I perform the tests?” And my answer is, do what police officers do.
From the Chicago Tribune:
A Woodstock police officer faces arraignment in March for driving under the influence after he crashed his pick-up truck in Round Lake Beach about two weeks ago.
The officer was identified as Michael E. Niedzwiecki, 29, of Lake Villa, who was charged with DUI and failure to reduce speed to avoid an accident, according to a Round Lake Beach Police Department report.
The accident occurred Feb. 11 at 1:49 a.m. on Hainesville Road when Niedzwiecki’s 2007 Ford F250 pick-up went out of control while traveling northbound on a curve close to Clarendon Drive and struck a telephone pole, according to the report, which added that power lines knocked down by the crash blocked northbound traffic on Hainesville between Rollins Road and Clarendon.
According to the report, Niedzwiecki told one of the officers at the scene that he forgot about the sharp curve to the left in the roadway, and that is why he lost control of his truck. The report added that both Niedzwiecki and a woman who identified herself as his wife went to a nearby McDonald’s after the accident and before police arrived to get help.
The officer wrote in the report that Niedzwiecki was slurring his words and had glassy bloodshot eyes and an unsteady gait. “I could smell a strong odor of an alcoholic beverage,” the officer wrote.
When an officer asked Niedzwiecki to do a field sobriety test, Niedzwiecki refused and when asked to submit to a breath test, which he also refused, according to the report, and he was placed under arrest for DUI and was also cited for failure to reduce speed. When asked to make a statement about the accident, Niedzwiecki refused again, the report states.
According to the report, at one point, Niedzwiecki showed an officer his Woodstock police officer badge and identification card.