What Should I Do If an Officer Asks Me to Take a Field Sobriety Test?

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man performing field sobriety test in front of police officer

If a police officer suspects you of drunk driving while on the road or during a routine traffic stop, there are a number of ways they may determine whether or not you are intoxicated. When an officer asks you to perform a field sobriety test you may be unsure of what the best course of action is. Should you submit to the testing? Should you refuse? Speak with a Mercer County DUI lawyer for more information about field sobriety testing.

How Accurate Are Field Sobriety Tests?

Although field sobriety tests are admissible in court as evidence in a DUI trial, they have proven time again to be a subjective test. They are generally not an accurate measure of a person’s intoxication levels.

Studies have shown that officers tend to overestimate an individual’s blood alcohol content after performing field sobriety tests. Additionally, there is no conclusive evidence that sober individuals perform better on the tests than intoxicated individuals.

Should I Take a Field Sobriety Test if an Officer Asks Me To?

When an officer asks you to perform a few tests to determine your sobriety, you can either agree and submit to testing or refuse. There are no legal repercussions for refusing to submit to a field sobriety test, but people may fear that doing so proves their guilt.

Because these tests aren’t objective they can work against you in a trial. Even if you are sober you could fail because of health reasons, nerves, or just a general lack of coordination. Failing these tests can contribute to a guilty verdict in a DUI hearing. It is generally wise to refuse testing.

However, if you refuse there is a good chance that the officer will arrest you and administer chemical testing to check your blood alcohol content. If you want to refuse, politely but firmly tell the officer that you decline to take the test. If you know you are sober you can request to submit to a breathalyzer or other chemical testing as an alternative. Doing so can emphasize the fact that you are trying to be cooperative. However, you do not have to suggest anything as it is your right to refuse.

Contact a DUI Lawyer

In the moment you may be confused or overwhelmed. Deciding whether or not to submit to a test that you know can be used against you is a difficult choice. Before submitting or refusing you can ask the officer to speak with your attorney. Your lawyer can offer sound advice on the best course of action for your situation. Reach out to a skilled attorney today for more information.

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