Can the non-at-faultdriver in an accident be forced to give a sobriety test?

UPDATED: Aug 29, 2011

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Can the non-at-faultdriver in an accident be forced to give a sobriety test?

I was in a car accident where the other car was found at-fault and received a careless driving ticket. The other car was speeding and driving recklessly when she crashed into me from behind with no other cars in front of me. There was no reason to be slowing down or stopping. I am suffering from 2 fractured toes and a dislocated bone in my foot as well as severe pain in my shoulders, neck, back, and jaw. After hitting my head on the steering wheel I was a bit shaken up. I believe I may have had a concussion.

Asked on August 29, 2011 Florida


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

In any situation be it an accident or suspicious activity where law enforcement believes that alcohol may have contributed to the accident or the suspicious activity an investigation into whether or not alcohol is a factor or has been involved is a consideration.

If law enforcement believes that alcohol may be an issue a field sobriety test of all individuals at the scene is cutomary practice to implement.

As to the injuries that you have sustained, hopefully you have seen competent health care practioners. Once you recover, you should consider consulting with a personal injury attorney about the accident and your injuries. You should also advise your insurance carrier as soon as possible about the accident.

Good luck.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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