Field Sobriety Tests: Why You Should Not Perform Them When Asked
- By Colin Daives
- Published 11/28/2009
- Legal
- Unrated
Colin Daives
Colin Daives writes general information articles about a variety of legal issues. His articles are not legal advice. For more information, or to speak with a professional criminal or DUI lawyer in Colorado, visit http://www.rosenthal-law.net
View all articles by Colin Daives
When officers pull a driver over for suspicion of driving under the influence (drinking and driving), the first thing they'll want to do is conduct a field sobriety test. A field sobriety test has several little tests that officers like to do such as:
- Balancing on one foot
- Follow a light with the eyes
- Reciting the alphabet backwards
- Walk in straight line
Any of these tests that the officer gives does not help a suspect who is suspected of DUI. In fact, people don't realize it but these tests are designed to build a case against them. Don't let this happen to you.
The majority people assume that the best way not to go to jail is to do as the officer instructs them. However, when you're stopped for a DUI, the last thing you should do is everything the officer tells you. For instance, you do need to step from your vehicle, when asked. When you're asked to do the field sobriety tests, it's your right to decline. Be sure you do this politely. Most people assume that these are required by law to do; they're not and can ruin your chances of fighting a DUI conviction. Regardless of what you hear, your license will not be suspended for refusing to take the test. All it does is give the officer less evidence to provide to the court.
Remember that a field sobriety test doesn't prove your intoxication level. The test is a tool to determine probable cause for arresting you. Refusal to take the test will make the officer rely on his/her judgment of observa
tions to arrest you for DUI. If the officer feels you are intoxicated, you'll be arrested no matter how well you passed the tests. Your DUI lawyer has a fighting chance if you don't do the tests than if you do. If the DUI attorney you hire is able to fight your arrest, any evidence that was gained afterward will be inadmissible in a court of law.
If you surrender and take the field sobriety tests, it's one of the main ways you'll hurt your case. Field sobriety tests are quite unreliable because even sober people with certain kinds of disabilities and/or impairments would be unable to complete them all without failing. The majority of these tests are conducted alongside a busy highway or street, making it even more difficult for a sober person to concentrate and pass.
The officer has total authority over your arrest once you have completed the field sobriety test. His/her judgment is usually based on a personal opinion of your character and performance and the belief that you are indeed drunk. Millions of people believe that the field sobriety test was designed for failure. There are certain manners in which these tests should be given but there are very few police officers who tend to follow them. An experienced DUI lawyer can have these results thrown out of court.
If you've been arrested for DUI, the first call you need to make is to a DUI lawyer as soon as you can. Before you give the state and prosecutors anymore evidence, you should be conscious of your rights and your legal counsel can help you in this regard. If you've taken the field sobriety test already, see if your legal counsel can have them thrown out in court.
- Balancing on one foot
- Follow a light with the eyes
- Reciting the alphabet backwards
- Walk in straight line
Any of these tests that the officer gives does not help a suspect who is suspected of DUI. In fact, people don't realize it but these tests are designed to build a case against them. Don't let this happen to you.
The majority people assume that the best way not to go to jail is to do as the officer instructs them. However, when you're stopped for a DUI, the last thing you should do is everything the officer tells you. For instance, you do need to step from your vehicle, when asked. When you're asked to do the field sobriety tests, it's your right to decline. Be sure you do this politely. Most people assume that these are required by law to do; they're not and can ruin your chances of fighting a DUI conviction. Regardless of what you hear, your license will not be suspended for refusing to take the test. All it does is give the officer less evidence to provide to the court.
Remember that a field sobriety test doesn't prove your intoxication level. The test is a tool to determine probable cause for arresting you. Refusal to take the test will make the officer rely on his/her judgment of observa
If you surrender and take the field sobriety tests, it's one of the main ways you'll hurt your case. Field sobriety tests are quite unreliable because even sober people with certain kinds of disabilities and/or impairments would be unable to complete them all without failing. The majority of these tests are conducted alongside a busy highway or street, making it even more difficult for a sober person to concentrate and pass.
The officer has total authority over your arrest once you have completed the field sobriety test. His/her judgment is usually based on a personal opinion of your character and performance and the belief that you are indeed drunk. Millions of people believe that the field sobriety test was designed for failure. There are certain manners in which these tests should be given but there are very few police officers who tend to follow them. An experienced DUI lawyer can have these results thrown out of court.
If you've been arrested for DUI, the first call you need to make is to a DUI lawyer as soon as you can. Before you give the state and prosecutors anymore evidence, you should be conscious of your rights and your legal counsel can help you in this regard. If you've taken the field sobriety test already, see if your legal counsel can have them thrown out in court.