Taking field sobriety tests is optional
Picture this scenario: you’re driving home from work (after having an after work drink with your colleagues) when you see lights and hear a siren. You pull over, wondering what you could have done wrong. The officer approaches, and asks you to get out of the car. He then asks you to perform a field sobriety test (FST). Should you agree? Will taking a FST help or hurt you in the long run?
Field sobriety tests are a battery of tests administered by law enforcement agencies, typically on the side of the road or street — aka in the field. These tests are designed to determine whether or not you are sober by running you through some physical exercises to gauge your abilities. They include tests such as the walk and turn, where you walk in a straight line with one foot in front of the other, then turn and return, doing it in the opposite way. Another common FST is the one-leg stand, where an officer will ask you to stand on one leg. Wobbling or putting your other foot down may indicate that you can’t keep your balance — and that you may not be sober. Finally, an officer may ask you to keep your head straight and follow his or her finger or a pen with your eyes. This is known as the horizontal gaze nystagmus test. If your eyes “jerk” at a certain point while following the pen or finger, it is an indication of intoxication.
So what should you do if you are pulled over? Should you take these tests? According to a DUI defense lawyer Orange County, CA, you should politely refuse to take field sobriety tests. Under California law, you are not required to take FSTs. In fact, you have a constitutional right to not take them — because otherwise, the state would be forcing you to testify against yourself, in violation of your Fifth Amendment rights. Of course, it isn’t necessary to explain why you are refusing. Simply saying no is enough — and always remaining polite.
Taking FSTs may seem like no big deal, particularly if you believe that you can easily pass them (a feeling that often increases as you continue to consume alcohol). Yet by performing these tests, you are handing evidence to the police that can be used against you. It may even be the critical piece of evidence that will help to convict you. That is why most DUI defense lawyers Orange County, CA would advise you to refuse to take the FSTs.
Importantly, you can also refuse to take any roadside breathalyzer tests, IF you are 21 or older and not currently on DUI probation. However, if you are arrested on suspicion of driving under the influence, you must submit to a chemical breath, blood or urine test. If you refuse to do so, you may face additional consequences.
If you have been charged with a DUI, the Chambers Law Firm can help. Contact us today at 714-760-4088 or dchambers@clfca.com to schedule a constellation with a skilled DUI defense lawyer Orange County, CA.
