Nearly every time a person is stopped on suspicion of driving under the influence will be arrested and taken to jail if he or she has had anything to drink or taken any drugs at all. So when the officer asks if you will submit to certain field sobriety tests (FSTs) and submit to a breath or blood test he is simply gathering the evidence he needs to convict you of a DUI charge.
You are not required to agree to any of the tests the officer asks you to do. The State is typically hard pressed to prove its case against you without a BAT (blood alcohol test) or evidence of poor performance on field sobriety tests. The DUI attorneys here at Webb & D'Orazio have been successful in getting DUI charges dropped in most cases where the client REFUSES all FSTs and the BAT. Your odds of beating a DUI are much improved if you don't give the arresting officer the evidence he needs to convict you. However, if you have only had a couple drinks and you are confident of your sobriety, then agreeing to the FSTs and the BAT can help prove your innocence. The key is to know how much you can drink and still be OK to drive before you get behind the wheel of your car. When in doubt a cab is a much better option than risking a DUI arrest. The Drink Wheel calculator can give you some idea how much you can drink over a given time period for someone of your gender and size.
THE DRINK WHEEL
About the Drink Wheel
The Intoximeters Inc. “Drink Wheel” is a short, online form that a person fills out. It then computes an estimated blood/breath alcohol concentration (“BAC”) based on the information provided. It is presented as a public service to Intoximeters website visitors. Its primary purpose is to provide useful information about the responsible use of alcohol.
Why is it called a “Drink Wheel”?
According to intox.com, it is called the “Drink Wheel” because in the past, paper and cardboard BAC calculators in the form of a wheel were given out in alcohol awareness programs. By spinning the wheels, on could calculate an estimated BAC based on what you were drinking and how many of them you had.
It would be extremely foolish for us to suggest that the “Drink Wheel” can tell you what your BAC actually is, first because it would open us up to an incredible amount of potential liability and second because if it really did work accurately, there would be no need for anyone to buy the instruments that law enforcement and other persons use. The intox.com disclaimer can be found here.
A person's actual BAC is dependent on many complex factors, including their physical condition (body composition, health etc…) and what they have recently ingested (including food, water, medications and other drugs). It also works off of the assumption that a given beverage is of standard size and has the standard amount of alcohol in it. This site includes a more detailed discussion of the Pharmacology and Disposition of alcohol in humans.