Do You Have to Do a Field Sobriety Test?
The short answer is: no, you are not legally required to perform a field sobriety test (FST). However, refusing a test often carries significant consequences. This article will explore the complexities surrounding FSTs, helping you understand your rights and the potential repercussions of your choices.
What are Field Sobriety Tests?
Field sobriety tests are roadside assessments administered by law enforcement officers to determine if a driver is impaired by alcohol or drugs. These tests typically involve a series of physical and cognitive tasks, such as:
- Horizontal Gaze Nystagmus (HGN): Following a moving object with your eyes. Officers look for involuntary jerking movements.
- Walk-and-Turn: Walking heel-to-toe in a straight line.
- One-Leg Stand: Balancing on one leg for a specified time.
- Other tests: Depending on the situation and officer training, additional tests may be administered.
These tests are designed to detect signs of impairment, but they are not foolproof and can be affected by factors other than intoxication, such as medical conditions, injuries, or even fatigue.
What Happens if I Refuse a Field Sobriety Test?
Refusing a field sobriety test itself is generally not a crime in most jurisdictions. However, it can be used as evidence against you in court. Law enforcement may then proceed to other measures to assess your impairment, such as a breathalyzer or blood test.
Refusal to take these chemical tests often carries more serious legal implications. In many states, refusing a breathalyzer or blood test after being lawfully stopped for suspected DUI results in an automatic license suspension or revocation, regardless of whether you are ultimately convicted of a DUI charge.
Can I Ask for a Lawyer Before Taking a Field Sobriety Test?
While you have the right to remain silent and to have an attorney present, requesting a lawyer before taking an FST is unlikely to be granted immediately. The police are generally permitted to conduct field sobriety tests as part of a lawful traffic stop, and the request for an attorney typically comes into play during more formal questioning or arrest procedures.
What are the Potential Consequences of Failing a Field Sobriety Test?
Failing a field sobriety test can significantly increase the likelihood of arrest and subsequent conviction for Driving Under the Influence (DUI) or Driving While Intoxicated (DWI). The results are considered evidence of impairment and can be used in court against you.
Are Field Sobriety Tests Accurate?
The accuracy of field sobriety tests is a subject of debate. While they can provide indicators of impairment, their reliability is often questioned due to their subjective nature and potential for false positives. Many factors beyond alcohol or drug consumption can affect test performance.
What if I Have a Medical Condition That Affects My Balance?
If you have a medical condition that might affect your performance on a field sobriety test, it's crucial to inform the officer. This information may influence the officer's decision-making process, or may help your defense in court. Provide documentation if possible.
Should I Take a Field Sobriety Test?
The decision to take a field sobriety test is a personal one with significant legal implications. While you aren't obligated to participate, refusing may be viewed negatively by law enforcement. It is highly advisable to consult with a legal professional to understand your rights and potential consequences before making a decision. If you are unsure about your ability to perform the tests successfully due to a medical condition or other reasons, it's best to politely decline and assert your right to remain silent and request a lawyer.
Disclaimer: This information is for educational purposes only and should not be considered legal advice. Consult with a qualified attorney for advice regarding your specific situation.
