Should I Submit to a Field Sobriety Test?

Field sobriety tests are used during traffic stops to allow law enforcement to determine whether or not a driver is intoxicated. People often wonder if they should submit to a field sobriety test or refuse. The answer depends on various factors specific to the situation at hand. For more information and skilled advice, speak with a New City DWI defense attorney today.

What is a Field Sobriety Test?

Field sobriety tests are a series of tasks that a police officer may ask a driver to perform as a way to establish their sobriety. They are generally requested during a traffic stop if the officer suspects that the driver is under the influence of drugs or alcohol. They are designed to evaluate a driver’s physical and cognitive abilities.

The standardized field sobriety test includes three tasks.

The horizontal gaze nystagmus: The police officer will ask the driver to look at a pen or other object and follow it with their eyes while keeping their head still. This measures involuntary jerking in the eyes.
The walk and turn test: The officer will ask the driver to walk in a straight line, heel to toe, turn around, and walk back in the same way. This test can assess the driver’s coordination, balance, and ability to follow directions.
The one-legged stand test: In this test, the driver must stand on one leg for a specified period while counting out loud which can evaluate balance and control.

What Should I Do if Asked to Take a Field Sobriety Test?

Most people wonder what they should do if a police officer asks them to participate in a field sobriety test. Unlike a breathalyzer, which if you refuse results in legal repercussions, you are within your rights to refuse to submit to field sobriety testing. However, there can be other consequences.

If you do submit and fail the tests, you will likely be arrested and the results can be used against you in court. Field sobriety tests are admissible as evidence of intoxication, despite their less-than-perfect track record. These tests can be difficult for anyone to complete successfully, even sober individuals. If you take and fail the test it can result in DWI charges accompanied by various penalties like fines, license suspension, jail time, and more.

You may decide to refuse the test. Refusing does not carry a direct legal penalty but it could arouse suspicion in the officer. The officer may decide to arrest you and conduct further testing to evaluate your blood alcohol levels. Refusing allows you to avoid evidence of impairment but it can also lead to an arrest.

Contact a DWI Defense Attorney

Submitting or refusing both have various implications. Navigating this decision can be complicated so it is advisable to consult with an experienced attorney to understand your rights and legal options. They can offer guidance on how to handle interactions with law enforcement and how to determine whether submitting or refusing is the best option for you. Reach out to a skilled lawyer today.