Sage-Tips

Can you refuse a sobriety test?

If an officer asks you to take a field sobriety test, you do have the right to refuse. You cannot be prosecuted for refusing a field sobriety test unlike the chemical test. Field sobriety tests are not scientific. They are what police often use as a basis for a DUI arrest.

What happens if you fail a sobriety test?

You don’t have to be under the influence to fail a field sobriety test. In fact, about one-third of sober people who take a field sobriety test fail. Unfortunately, if you fail the field sobriety test, you will likely be arrested and taken into police custody.

What happens if you pass a sobriety test?

FIELD SOBRIETY TESTS (FSTS): Many law enforcement officers will say, “if you pass the FSTs, you will not be arrested.” Some officers will say, “if you refuse to take the FSTs, you will be taken to jail.” Some officers will even threaten to inform the court if you refuse to take the FSTs.

What do they do in a sobriety test?

For the walk-and-turn test, the officer asks the driver to take nine steps, heel-to-toe, along a straight line, turn on one foot and return nine steps in the opposite direction. During the test, the officer looks for seven indicators of impairment. A subject may be impaired if they: Does not touch heel-to-toe.

What are cops looking for when they check your eyes?

To conduct the test, the police officer is supposed to check the driver’s eyes to see that the pupils are of equal size and to see that the eye is able to track an object as it is moved side to side at eye level.

What do cops look for during a sobriety test?

Field Sobriety Tests are groups of three tests used by police to determine if a driver is impaired. The tasks assess balance, coordination, and the ability of the driver to divide his attention to more than one task during the field sobriety test.

What happens if you refuse to take a field sobriety test?

However, refusing means that an officer has the right to take you to a police station or hospital, where you could be subject to a blood or urine test. You can be arrested if you fail a field sobriety test, which could include demonstrating being able to walk in a straight line, for example.

Where do police administer field sobriety tests?

As previously mentioned, a field sobriety test is commonly administered at the site where law enforcement asked a driver to pull over.

What if someone accused of a DUI passes sobriety testing?

So the next time someone accused of a DUI tells you that they “passed” the sobriety testing, you can open up a can of knowledge on them and tell them that they simply participated in drills intended to show anyone could be intoxicated. You can also tell them they had the right to refuse to perform the drills, but didn’t.

Can a sober officer pass or fail these drills?

Officers are trained that a significant percentage of the population will show “cues” on these drills even if completely sober. No matter what you do on these drills, you can’t pass them. Similarly, you can’t really fail them – although falling over and being utterly unable to stand on your own feet is pretty close.