Even if you are completely sober, a police officer can pull you over if they suspect you are driving under the influence. This typically occurs when they catch you driving erratically and unpredictably. After you pull over, the police might ask you to do a field sobriety test.
There are three different tests that the police use to determine whether you are driving under the influence or not. These tests include:
- The one-leg-stand test: A test where you must stand on one foot and count upwards from 1,000 until the officer tells you to stop.
- The walk-and-turn test: A test where you are required to walk nine steps in one direction and then back.
- The eye test: A test where you keep your head still and use your eyes to follow the movements of a flashlight. This test is also known as the horizontal gaze nystagmus (HGN).
Each of these tests is designed to help the police examine your reflexes and coordination. Some aspects of these tests, such as counting, are used to measure your mental capabilities instead.
Can you refuse a field sobriety test?
There are many reasons why you might want to refuse a field sobriety test. For example, you might have injuries or disabilities preventing you from performing well in physically strenuous tests. Likewise, you might also be in a hurry to return home.
Whether you are unwilling because it is an inconvenience or because you are sober, you have the right to refuse a field sobriety test because they are voluntary. There is also no risk of having your license suspended as a result of refusing to take part in any of the three field sobriety tests.
However, it is worth noting that refusing to take part in a field sobriety test might arouse suspicion among police officers. Refusing is not necessarily the same as admitting guilt, but the court can use it as evidence if the police arrest you for DUI.
What happens after you refuse a field sobriety test?
Though you can technically refuse all three of the field sobriety tests requested of you by a police officer, it might be more difficult to defend yourself in court. Even if you were sober, being unwilling to take part in a sobriety test might make it more likely for the police to arrest you for DUI. It is important to know how the court can use your refusal against you if you want to avoid facing serious charges.