Should I Submit to a Field Sobriety Test?

When a police officer pulls a driver over for a suspected DUI, they may use field sobriety tests to assess their state. Field sobriety tests can evaluate whether a driver is under the influence of drugs or alcohol. These tests can have a significant impact on the outcome of a drunk driving case so it is important to understand your rights and the various implications of taking the test. A Marquette DUI lawyer is equipped to answer questions regarding field sobriety tests and your right to refuse. Contact an attorney today for more information.

What is Field Sobriety Testing?

Field sobriety testing occurs during a traffic stop when a police officer believes that the driver is intoxicated by drugs or alcohol. There are typically three types of tests that can be used to assess the driver’s coordination and mental capacity at the time of the stop. The horizontal eye test, walk and turn, and one leg test can all offer insight into the driver’s physical and cognitive abilities and condition.

Do I Have to Submit to Testing?

If you are pulled over and find yourself in a situation where an officer requests that you take a field sobriety test, remain calm and respectful. Aggressive behavior can escalate the situation and anything you say or do can be used against you later on.

Know that you have the right to refuse a field sobriety test. There is no law requiring you to take the test and refusing to do so does not have a direct legal effect. Alternatively, refusing to take a breathalyzer test does have legal consequences and will result in a license suspension.

What Should I Do if an Officer Asks Me to Take a Field Sobriety Test?

So should you take the test or refuse? The answer depends on your individual circumstances.

Consider that field sobriety tests have been proven to be subjective forms of evaluating an individual’s sobriety. There is limited evidence suggesting that individuals who are sober perform better on these tasks than those who have consumed drugs or alcohol. Despite this fact, tests are admissible as evidence in DUI cases. These tests are generally difficult for any individual to pass regardless of intoxication levels. If you are unsure about your ability to pass it may be best to refuse to submit. Do so politely and attempt to be cooperative in other ways.

Refusing can be beneficial in the sense that you can avoid incriminating yourself through the tests, but it can look suspicious to a police officer. They may decide to proceed with the arrest and order chemical testing to determine your blood alcohol content.

Deciding whether or not to submit to field sobriety testing is a personal matter. The best answer depends on various factors relevant to the situation at hand. If you are unsure of your rights and the legal implications of either decision, reach out to a skilled DUI attorney for more information and experienced advice.