Being stopped by police who suspect you are driving while under the influence of alcohol or drugs is often a stressful experience. Even if you tell the police officers you have not been drinking alcohol, you may be asked to step out of your vehicle and perform field sobriety tests.
Field sobriety tests are a series of tests designed to measure your balance, coordination and memory. While there are several types of field sobriety tests, the National Highway Traffic Safety Administration uses three standard tests.
Standardized field sobriety tests
The horizontal gaze nystagmus test requires you to follow a small beam of light with your eyes without moving your head. The one leg stand test requires you to stand and balance on one leg until the officer tells you to stop.
The walk and turn test involves taking nine steps heel-to-toe, turning around in a specific manner and taking nine steps back in the same direction.
Drivers commonly agree to perform field sobriety tests because they believe that they are legally required to or are confident that they can pass. However, field sobriety tests are notoriously unreliable and difficult to pass.
Many sober drivers fail field sobriety tests because of nerves. Additionally, field sobriety tests are voluntary. You are not legally required to take field sobriety tests when asked. In fact, you probably shouldn’t.
How to decline field sobriety tests
If you decline field sobriety tests, do so politely and calmly. The police officers may ask you more than once, hoping you will change your mind and agree. Continue to politely decline. If it appears the officers do not have any further reason to hold you there, ask if you are free to leave.
Although you have a right to refuse field sobriety tests without legal penalties, the same is not true of chemical tests. You can refuse a chemical test, such as a breath or blood test, but you may face legal penalties.
If you are charged with a DUI due to failed field sobriety tests, there may be ways to challenge the failed tests. Without this evidence, the prosecution might not have enough for a conviction.