Americans were outraged and titillated by the saga of the elementary teacher Mary Kay Letourneau and her 12-year-old student-lover and future husband, Vili Fualaau. Transfixed on the two, American watched the trial, heard updates of Mary Kay's prison stay and their stories of a growing family, and in recent years, problems in their marriage. In 2018, they are back in the news with Fualaau's DUI arrest.
In February Fualaau, 34, was traveling in the couple's home state of Washington in his 2002 Mercury Mountaineer. He failed to stop at a light and plowed into two cars stopped at the light. Police arrived and were proceeding to administer a field sobriety test when his wife arrived. Letourneau drove onto the scene and instructed her husband to lawfully refuse the field sobriety test and to cease cooperating with the police. She posited that the family lawyer was on the way and would assist them in handling the situation with law enforcement. Field sobriety tests are not mandatory and whenever stopped by police, drivers should know they can say “no” as some believe the field tests can only harm their case.
Fualaau's blood was ultimately tested at the police station where he was booked and released on the DUI charge. His BAC was recorded at .08 and the blood test also revealed THC in his blood.
The couple has been together for more than 20 years. Their relationship began when Fualaau was a sixth grader and Letourneau was his teacher. A married mother of four, Letourneau was arrested and later jailed for the improper relationship. The pair had a child together in May 1997 and another in 1998. They have been married for 12 years. In May 2017, their marriage had officially taken a turn when Fualaau filed for separation.
What Does the Law Say About Field Sobriety Tests?
Field sobriety tests are administered to determine if a DUI arrest should be made and to collect evidence for the prosecution to use against the defendant if the case goes to court. When a suspect is performing the physical responses in a field sobriety test, the body and vehicle cameras will be rolling, securing footage that may be used in court. Suspects can, and possibly should, refuse the field sobriety tests despite some opinions that state that by refusing to participate in the tests, one is admitting guilt. It is up to the person whether it makes sense to submit to the tests or refuse them. Lawfully, no one is obligated to perform them.
If you are charged with DUI and received poor results on your field sobriety tests, you need the advice of a criminal defense attorney with DUI experience. Karimi Law is a firm who will aggressively fight your charges. We can investigate weaknesses in the arrest process and help you emerge from your DUI with the very best results possible. Call our office today to make an appointment for your first consultation.