Law & Legal & Attorney Criminal Law & procedure

DUI - Field Sobriety Tests Explained

Field sobriety tests are hard.
But not just for someone who has been drinking.
Try standing on one leg while under pressure.
Or saying the alphabet backwards while skipping every other letter.
Or taking twenty steps heel-to-toe in a perfectly straight line, then turning around and doing it again.
Or stand with your feet together, close your eyes, and tilt your head all the way back.
The list goes on, but you catch my drift.
At some point, you are going to fail, or the officer is going to say that you did not perform the test to his or her satisfaction.
That is when they have you.
What is the point of the field sobriety test, when the officer already knows you most likely going to fail? They are supposed to test for "undivided attention," a critical skill necessary for the operation of a motor vehicle.
But in reality, the field sobriety test just gives the officer and the state more ammunition in making the case for the traffic stop, as well as proving you guilty of DUI.
The police officer never tells you that these tests are optional.
But they usually are.
In fact, even the portable breath test is usually optional.
You can refuse to take them.
A word to the wise: you may think that you are not DUI after a couple of drinks, and you may believe you can "pass" the field sobriety test.
But why take the chance? The test is designed for you to fail.
So what should you do if you are pulled over, and the officer suspects you of driving under the influence of alcohol? Identify yourself and politely tell the officer that you want to speak with your DUI attorney.
The above information may vary according to your jurisdiction, so it is important to consult with a knowledgeable DUI attorney or traffic attorney and to know your rights before driving a vehicle in any situation.

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