Refuse Field Sobriety Tests
Many drivers are simply unaware of their rights when pulled over under suspicion of driving under the influence.
One crucial piece of advice is this: Field sobriety tests (FSTs) are entirely optional, and you should ALWAYS refuse to take them.
UNDERSTANDING FIELD SOBRIETY TESTS
Field sobriety tests (FSTs) are a series of physical and cognitive exercises administered by police officers to assess whether a driver is impaired. The most common FSTs include the Horizontal Gaze Nystagmus (HGN) test, the Walk-and-Turn test, and the One-Leg Stand test. While these tests are designed to gauge impairment, they are inherently subjective and can be influenced by numerous factors unrelated to alcohol consumption.
THE SUBJECTIVITY OF THE FSTs
One of the primary reasons to refuse FSTs is their subjectivity. The results of these tests largely depend on the officer’s interpretation, which can be influenced by various biases and external conditions. For example:
* Nervousness or Anxiety: Being stopped by the police is stressful. Anxiety can cause you to perform poorly on these tests, even if you are not impaired.
* Physical Conditions: Medical conditions, injuries, or even fatigue can affect your ability to perform physical tasks like balancing on one leg or walking in a straight line.
* Environmental Factors: Uneven pavement, poor lighting, and adverse weather conditions can all negatively impact your performance on these tests.
YOUR LEGAL RIGHTS
In California, you are NOT legally required to perform field sobriety tests. Law enforcement officers may not inform you of this fact, and may even pressure you to comply. However, exercising your right to refuse FSTs cannot be used against you in court as evidence of guilt. Instead, it is a strategic decision to avoid providing potentially incriminating evidence.
THE CONSEQUENCES OF REFUSING
Refusing to perform FSTs can make it more challenging for the prosecution to build a case against you. Without the subjective results of these tests, the evidence against you may rely more heavily on other factors such as breath or blood tests, which are subject to their own scrutiny and legal defenses.
BREATH AND BLOOD TESTS
It’s important to distinguish FSTs from chemical tests like breathalyzers and blood tests. While you can refuse FSTs without legal penalty, refusing a chemical test after a lawful DUI arrest can result in automatic license suspension and other consequences under California’s implied consent laws. The key is to refuse FSTs pre-arrest and consult with an attorney about the best course of action if you are arrested.
PROTECT YOUR RIGHTS
If you are stopped under suspicion of DUI in California, remember that field sobriety tests are optional. Politely decline to perform these tests and respectfully assert your rights. After the stop, consult with a skilled DUI attorney to navigate the complexities of your case. By understanding and exercising your rights, you can better protect yourself against wrongful DUI charges and ensure a fair legal process.