Driving under the influence (DUI) can lead to severe consequences. These include jail time, hefty fines, and license suspension. So, what happens if an officer asks you to take field sobriety tests? Can you refuse?
What are field sobriety tests?
Field sobriety tests (FSTs) help officers assess whether you are under the influence. They include the Horizontal Gaze Nystagmus Test, Walk-and-Turn, and One-Leg Stand Test. Each test checks for signs of impairment, such as balance issues or unusual eye movements.
- The horizontal gaze nystagmus test: this test involves tracking an object with your eyes as it moves horizontally. Officers observe for involuntary jerking of the eyes, which can be indicative of intoxication.
- The walk-and-turn test: in this exercise, the police instruct you to walk nine steps in a straight line, turn around, and walk back the same way. Officers evaluate your balance and how well you follow instructions.
- The one-leg stand test: in this test, you must stand on one leg for approximately 30 seconds while counting aloud. Officers evaluate your capacity to maintain balance without resorting to the use of your arms for stability.
Can you refuse field sobriety tests?
Indeed, you have the option to refuse field sobriety tests. However, this decision is not without potential ramifications. In several states, there are penalties associated with the refusal to participate in FSTs. Although the outcomes of these tests can serve as evidence in the event of an arrest, your refusal may also be admissible in court as part of the proceedings.
It is important to remember that FSTs can make mistakes. Individuals who are not under the influence might still find these tests challenging. Certain medical conditions can mimic signs of intoxication; for instance, contact lenses may impact the eye test, while injuries or age-related factors could complicate the walking and standing assessments.
What about chemical tests?
Chemical tests, which include breathalyzer or blood tests, differ significantly from field sobriety tests. Refusal to undergo chemical testing can result in immediate license suspension and additional penalties, due to implied consent laws present in all states. By operating a vehicle, you implicitly agree to submit to chemical testing upon an officer’s request.
If you face a DUI charge, it is advisable to seek the counsel of a DUI attorney. Since laws differ across states, a knowledgeable lawyer can provide guidance tailored to your case, elucidating both the legal and administrative consequences you may encounter.
Field sobriety tests constitute merely one component of a DUI investigation. Understanding your rights and the potential implications of your actions is essential. Legal advice can be invaluable in navigating the complexities of your specific circumstances.