What Happens If I Refuse a Field Sobriety Test? 

 June 11, 2015

By  LMW Attorneys

When you are pulled over for suspicion of driving under the influence, one of the first things a police officer will do to determine if you are under the influence is a field sobriety test. While it is required that you take a blood, urine or breath test after you have been arrested for a DUI, there are currently no laws regulating who has to take a field sobriety test. It is important to understand your rights when refusing to participate in a field sobriety test.

What Happens in a Field Sobriety Test?

During a field sobriety test (FST), you will be asked to perform a several tasks to determine if you are impaired. These tests are used to measure your dexterity, mental capacity and balance as a way of telling if you are impaired. The type of tests conducted will depend on the officer.

While most people believe that your performance on a FST directly relates to your level of sobriety, this is not always the case. Many people struggle with these tests sober. Those with physical or mental disabilities can struggle completing these FST. This can land people in trouble for “failing” the tests, even though they are not intoxicated. However, police now have the evidence to make an arrest.

Pasco County Field Sobriety Tests

When you are asked to comply for a field sobriety tests in Pasco County, this test is recorded. That recording can then be used as evidence against you in the court of law.

You are required by law to submit to a blood, urine or breath test. However, no law requires you to submit to a field sobriety test. Submitting simply gives the court more evidence to use against you. For this reason, if you are pulled over for suspicion of a DUI, you may want to refuse the field sobriety test.

Possible Negative Outcomes of Refusing a Field Sobriety Test

Simply refusing a FST does not necessarily let you go free. Some police officers may take the refusal of a FST as evidence that you have something to hide. The fact that you refused a field sobriety test can even be used against you in a court of law. This is something you should keep in mind when deciding to refuse a FST.

What To Do When You Have Been Charged With a DUI

If you or someone you love has been charged with a DUI, contact Laporte, Mulligan & Werner-Watkins Attorneys at Law. We will fight for your rights in court. Contact us today for a FREE consultation on your case.