DUI Field Sobriety Tests: Take Them Or Refuse Them?
Sahn Law Firm – Attorneys at Law | Your Skilled DUI Lawyer in Charleston, SC
The anxiety of performing DUI field sobriety tests (FSTs) is real and justified. At the moment of your traffic stop by police, you may not know or have known what you were required to do by South Carolina law.
When you’re pulled over for DUI, your judgment may be clouded by anxiety. You want to cooperate, but you also want to protect your rights. At the very least, you need to be informed to make the right decision.
Concerning field sobriety tests, what are your legal rights, and what is your responsibility? You do have choices, but some have unexpected consequences.
What Are Field Sobriety Tests?
Field sobriety tests are physical and cognitive performance tests administered on the scene of a traffic stop to assess whether your ability to drive is impaired by alcohol or drug use. South Carolina law enforcement officers are trained to administer three standardized tests to determine the degree of impairment:
- Horizontal Gaze Nystagmus (HGN), where a certain degree and intensity of involuntary jerking of the eyeballs as you look left and right to follow an object, is deemed evidence of the driver’s intoxication
- Walk And turn, where balance, coordination and ability to follow instructions are tested by having a driver walk a straight line, back-and-forth, heel-to-toe
- One leg Stand, where the driver must stand on one leg for 30 seconds to assess their balance, coordination and ability to follow instructions
Are You Required To Take Field Sobriety Tests?
Field sobriety tests are voluntary, not mandatory. You are not required by law to take them, even though you may feel pressured by law enforcement officers to do so. Unlike refusing breath, urine or blood tests after your DUI arrest, refusing field sobriety tests will not result in an automatic suspension of your license. However, your refusal to take them may be used against you in court.
Are There Advantages To Taking Field Sobriety Tests?
Your willingness to take field sobriety tests can, in some instances, work to your advantage. For example, there’s always the possibility you may perform well, especially if you’re not intoxicated. Your successful performance may also serve to cast doubt on the arresting officer’s assertion that they had probable cause to arrest you.
Even if you don’t “pass” field sobriety tests, agreeing to take them will make you appear more cooperative and compliant to the court. Conversely, however, your refusal could be used at a hearing or trial to assert that you were conscious of your guilt.
Your willingness to take FSTs, even if you failed, may be further helpful in your defense if your DUI lawyer successfully challenges how the tests were administered or offers evidence to show your performance was due to factors other than intoxication. These strategies often prove effective in DUI cases.
Are There Advantages To Refusing Field Sobriety Tests?
Even if you refuse to take field sobriety tests, an officer can still arrest you for probable cause by claiming you were driving erratically, smelled of alcohol or slurred your speech. Still, there are compelling reasons why you may still want to refuse, including:
- You are not required by law to take field sobriety tests, and there is no legal penalty for your refusal
- If you know you will perform poorly on FSTs, you may think twice before agreeing to tests that will build the prosecution’s case against you
- In the absence of FST evidence, the prosecutor will have less evidence to work with and a harder time proving that you were intoxicated
- Factors other than intoxication could cause poor performance, such as inclement weather, poor road conditions or lighting, anxiety, a medical condition or medication that could affect your balance or coordination
If You Already Failed A Field Sobriety Test, Can A DUI Defense Attorney Still Help?
If you failed a field sobriety test, a capable DUI attorney can help. DUI attorneys have experience challenging the results and conclusions of field sobriety tests. There are many possible defenses against poor FST results, including:
- The environmental conditions (lighting, road conditions, weather) were problematic enough to make the FST difficult for even a sober person to pass
- Medical conditions or medications that would hinder your balance or coordination and make it challenging to perform the tests
- Extreme fear, stress or anxiety caused by the traffic stop could be construed as intoxication and make it difficult for you to perform the tests
- Failure of the law enforcement officers to properly administer the FSTs according to the National Highway Traffic Safety Administration guidelines
- Administering non-standardized field sobriety tests with questionable results
- Dashcam or bodycam footage that contradicts the assessment that you were intoxicated and impaired
- Lack of evidence aside from the FST that corroborates that you were impaired or intoxicated
Put Your Worries About Your DUI To Rest, And Call The Sahn Law Firm – Attorneys At Law Today
Whether you made a mistake by driving under the influence or were falsely charged, you deserve to have your rights protected. Your search for a “DUI lawyer near me” brought you to Michael Sahn, a thoroughly experienced and respected DUI attorney in Charleston, SC. Get ahead of this problem today by calling us at
(843) 856-2222 or visiting our contact page to schedule a free consultation.
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