In many places, police use a field sobriety test to see if someone is driving under the influence. This test involves simple tasks that check balance, attention, and eye movement. So, do you have to submit to a field sobriety test?
In most jurisdictions, you are not legally required to submit to a field sobriety test if stopped by law enforcement. However, refusal may lead to further legal actions, such as license suspension or additional tests to assess sobriety. Always consider legal advice in your specific case.
This article explains a field sobriety test and your rights regarding whether you need to take it. Knowing these details can help you make informed choices.
Legal Requirements
When police stop you for driving issues, they may ask you to take a field sobriety test. This test checks if you could be driving under the influence (DUI) of alcohol or drugs.
Field Test In Court?
Can you use a field sobriety test in court? Yes, you can. Lawyers often challenge these tests. They argue that the tests had errors or bad conditions, like bad weather or uneven roads. This can help show the court that the test results may not be right.
State Law Variations
Laws about field sobriety tests change from one state to another. Some states have strict rules about how officers must conduct these tests. Other states can give you more freedom to say no to these tests without penalty. It’s essential to know your state’s laws to understand your rights.
Rights And Refusal
You have rights when asked to take a field sobriety test. In many states, you can say no to these tests. However, refusing may lead to other actions like taking your driver’s license away or other penalties. Knowing your rights helps you make smart choices in this situation.
Consequences Of Refusal
When you refuse a field sobriety test, it can lead to several outcomes. Each state has its own rules, but common consequences include impacts on your court case and risks to your driving privileges.
Impact On Court Case
Refusing a field sobriety test can affect your court case. The judge can think you refused in court because you knew you would fail. This can make you seem guilty.
However, with test results, there is more evidence to prove you were under the influence. Your lawyer can argue that the absence of a test means insufficient proof of wrongdoing.
License Suspension Risk
When you refuse a test, you can lose your driver’s license. Many states have laws that say if you refuse a sobriety test, your license can be suspended for a period. This suspension can happen right after you refuse, even before you go to court.
Implied Consent Law
Implied consent law is something you agree to when you get your driver’s license. This law means that by having a license, you agree to take sobriety tests if a police officer asks you. When you say no to the test, you break this agreement. Breaking this law usually leads to automatic penalties like losing your license.
Defending Refusal In Court
When someone chooses not to take a field sobriety test, they can defend this decision in court. This part of the process is crucial because it can affect the case outcome. Let’s look at how to defend a refusal:
Legal Defense Options
When you say no to a field sobriety test, your lawyer has several ways to defend you. First, the lawyer can argue that you were unaware of your rights or were not in a state to make a clear decision.
Another defense is proving that the police did not follow legal steps when asking for the test.
Challenging Test Validity
Challenging the test’s validity means proving the test could be wrong. Lawyers can point out that these tests are only sometimes reliable.
Factors like uneven roads, poor lighting, or even your shoes can make you fail the test. The goal is to show that failing the test does not mean you are under the influence.
Expert Testimonies
Your lawyer can bring experts to speak in court. These experts can explain why the test results need to be corrected. They can discuss how these tests work and why they can give false results.
This can help the court see that the tests are imperfect and that your refusal may have been reasonable.
When To Comply
You may wonder if you must do a field sobriety test when a policeman asks. The answer is not always simple. Here’s what you need to know:
Sobriety Test Exceptions
There are a few times when you can say no to a sobriety test. For example, if you have a health issue that makes the test hard to do, you can mention this to the officer. But remember, if you refuse the test, the officer may still arrest you based on other evidence they have.
Law Enforcement’s Role
Police officers have a job to check if drivers are safe on the road. When they think you are not driving safely, they can ask you to do a sobriety test. This test helps them see if you are driving under the influence of alcohol or drugs. The officer must follow the law when they ask you to take the test.
Balancing Legal Risks
Choosing whether to take a sobriety test can be tricky. Once you take the test and fail, it could lead to an arrest and charges. But if you refuse, there could be other penalties, like losing your driver’s license.
You must consider the risks and decide what is best for you. Sometimes, talking to a lawyer before making a decision can help.
FAQs
1. Do I Have To Submit A Field Sobriety Test If I’m Not Drinking?
You are not legally required to submit to a field sobriety test if you’re not drinking. Declining such tests is within your rights, but it may lead to further police action, such as arrest or additional testing to assess sobriety. Always consider legal advice when interacting with law enforcement.
2. Can Field Sobriety Test Results Be Challenged In Court?
Yes, field sobriety test results can be challenged in court. Attorneys often dispute these tests due to factors like improper administration or external conditions affecting performance. It’s essential to present compelling evidence showing the tests were flawed or incorrectly conducted.
3. Can I Request A Different Test Instead Of A Field Sobriety Test?
Yes, you can request a different test instead of a field sobriety test. Legally, you are allowed to ask for a breathalyzer or blood test, which could be more accurate. Remember, each state’s laws vary, and some may require compliance with specific tests administered by a police officer.
Conclusion
So, do you have to submit to a field sobriety test? You do not have to submit to a field sobriety test. Police use these tests to check if someone is under the influence while driving. However, you can say no to these tests. It is essential to know your rights.
When you decide to refuse, it could lead to further action from the police, like an arrest or more tests. Always act calmly and speak clearly with the police. Remember, knowing your choices helps you stay informed and protect yourself from infringement of your rights. For more information, or to schedule a free consultation, contact the attorneys at Leverson Budke, P.A. today.
