DUI - Frequently Asked Questions

Q. Can I be forced to take Field Sobriety Tests?

A. No! You have the right to refuse field sobriety tests. The law does not require that you perform any type of sobriety test. However, the officer is not required to tell you this. You should be aware that if you refuse to attempt these tests, the officer most likely is going to arrest you. Further, the National Highway Traffic Safety Administration has admitted not everyone can successfully perform these tests even when sober!

The reality is that the officer most likely has already made up his mind to arrest and charge you with DUI. The request for field sobriety tests is simply made to get additional evidence against you. To argue this evidence you need an experienced DUI attorney with a successful track record. Remember, regardless of how well you actually perform the field sobriety tests, it is the officer’s opinion on how you performed them that will be held against you.

Q. What can affect my performance on Field Sobriety Tests?

A. The National Highway Traffic Safety Administration has admitted that sober persons can have difficulty with these tests! This is an area where having a DUI attorney represent you will impact your case. How a person performs the Field Sobriety Tests can be affected by many factors other than alcohol, including;

• Nervousness
• Being Scared
• Fatigue
• Illness
• Traffic
• Wind
• Dust in your eyes
• Head lights
• The police officer's strobe lights
• Weather conditions
• Back problems
• Leg and/or Knee injuries
• Inner ear disorders
• Ankle and/or Foot problems
• Road or sidewalk conditions
• Weight
• Age
• Footwear
• Lack of coordination

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