Whether or not someone has been drinking, if they are pulled over, in an accident, or stopped at a road block, and suspected of driving under the influence, the police officer WILL almost always ask them to submit to a variety of Field Sobriety Tests (FSTs). These tests are given to test the officer’s suspicions, to “build up” probable cause for a DUI arrest.
You DO NOT have to submit to these tests.
These Field Sobriety Tests have varying degrees of scientific weight, and are mostly gauged subjectively – based on the officer’s “observations.” Remember, if you have been asked to submit to FSTs, the officer probably already suspects you of DUI and is just looking for more probable cause for arrest. And it doesn’t take much…
You may think that you can “pass” these tests and be on your way, but that is rarely the case. On each test, the officer is looking for a minimum number of clues to suggest that you are Driving Under the Influence, and whether or not you’ve been drinking, and however well you think you’ve done on these tests, you may be providing the officer with the “clues” needed for arrest. REMEMBER: You DO NOT have to submit to these tests.
Though there may be legal consequences and license implications for your refusal to submit to Field Sobriety Tests, it is still your right to refuse them, and without results from these tests, it can be difficult and often impossible for the State to convict you of Driving Under the Influence (DUI).
The most commonly administered roadside Field Sobriety Tests (FSTs) include:
While the tests described above are the most common Field Sobriety Tests a driver might encounter when stopped and suspected by the police of DUI, other tests and lines of questioning may be used.
DUI Stop – Field Sobriety Tests
Posted by Robert Horlick in DUI Tests, Field Sobriety Tests, Important DUI Articles
You DO NOT have to submit to these tests.
These Field Sobriety Tests have varying degrees of scientific weight, and are mostly gauged subjectively – based on the officer’s “observations.” Remember, if you have been asked to submit to FSTs, the officer probably already suspects you of DUI and is just looking for more probable cause for arrest. And it doesn’t take much…
You may think that you can “pass” these tests and be on your way, but that is rarely the case. On each test, the officer is looking for a minimum number of clues to suggest that you are Driving Under the Influence, and whether or not you’ve been drinking, and however well you think you’ve done on these tests, you may be providing the officer with the “clues” needed for arrest. REMEMBER: You DO NOT have to submit to these tests.
Though there may be legal consequences and license implications for your refusal to submit to Field Sobriety Tests, it is still your right to refuse them, and without results from these tests, it can be difficult and often impossible for the State to convict you of Driving Under the Influence (DUI).
The most commonly administered roadside Field Sobriety Tests (FSTs) include:
While the tests described above are the most common Field Sobriety Tests a driver might encounter when stopped and suspected by the police of DUI, other tests and lines of questioning may be used.
Contact the experienced Horlick Law Firm to discuss the specifics of your case today!