It is illegal to operate a motor vehicle under the influence of alcohol and drugs. If there is a suspicion of drunk driving, police can stop you and ask for evidence of your sobriety. One such evidence for sobriety is a field sobriety test. You must understand this test and what happens if you refuse to perform this test.
If you are stuck in any DWI case, then you can search for a DWI attorney near me and find more details about the case where you can save yourself. However, it is also essential for you to understand what are the implications of refusal of field sobriety tests. So, in this article, we will discuss such implications; before that, let’s first understand what a field sobriety test is.
What is the Field Sobriety Test?
It is a procedure in which the officials or the law enforcement officers determine whether the driver was driving under the influence of alcohol or not. In this the officials conduct three types of tests which will showcase the sobriety or intoxication of the person.
What are the Types of Sobriety Tests?
- Walk and Turn Test: In this test, the police will ask the suspect to take around nine steps in a heel-to-toe manner. Once this test is completed, the driver will have to turn around on one foot and go back to the original position.
- One-Leg Stand Test: Police will judge whether you can stand for the test or not. So, in this test, the driver has to stand on one foot at a height of six inches above the ground. In this, the driver’s leg is raised, and in such a situation, the police officer will ask to count the numbers within 30 seconds. If you are stable in such a position, then it proves your sobriety. However, if you are unable to balance both the physical and mental tasks, it means the driver is intoxicated.
- Horizontal Gaze Nystagmus Test: In this, the gaze will be judged, and the police officer will stand in front of the alleged driver holding an object. The driver has to follow it from side to side using their eyes and keeping their head still. In this, there will be observation of the jerking or bouncing eye movements to see whether the driver is intoxicated or not.
Can You Refuse a Field Sobriety Test?
It is a voluntary test, and the person can refuse it without facing any penalties, unlike chemical tests, which are mandatory. However, it is essential to understand the pros and cons of such refusal.
If you refuse the field sobriety test, it will help you to avoid unreliable evidence as it is based on the observations. So, this is the most significant benefit of such tests. However, it might increase the suspicion, but it is not mandatory for you to accept such tests.
In any DWI case, seeking legal counsel becomes imperative. If facing charges, searching for a criminal defense attorney nearby can provide valuable insights into the case and potential avenues for defense. Ultimately, knowledge of the implications of refusing a field sobriety test empowers individuals to make informed choices when confronted with such situations.
