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Will you be arrested if you refuse a DUI field sobriety test?

On Behalf of | Apr 20, 2023 | Drunk Driving Charges |

You most likely know that drinking and driving can be dangerous. Unfortunately, even if you’re a careful driver, the police may pull you over and ask you to take field sobriety tests.

By law, you don’t have to agree to take the sobriety tests. In addition, if you take the test and fail, the officer may have probable cause to ask for a chemical test (blood, breath or urine). Failing a chemical test could result in your arrest. 

Reasons why you should not take a field sobriety test;

Even sober people fail these tests

If you’ve not taken any alcohol, you may think there will be no harm if you agree to take the tests. But unfortunately, sober people often fail these tests. Lack of physical coordination, lack of sleep, a medical condition, or a poor balance may cause you to fail.

You may also fail these tests if:

  • You wear uncomfortable shoes
  • Misunderstood the officer’s instructions
  • The tests are conducted on an uneven road

The officers already suspect you’re under the influence

Field sobriety tests are conducted before a DUI arrest, and the tests aid the officer in determining if you’re driving under the influence. Therefore, if you agree to these tests, they may pick any behavior that confirms their suspicions and give them probable cause to ask for a chemical test. 

Remember, while you can refuse to take a field sobriety test, you cannot refuse to take a chemical test. If you refuse to take a chemical test, your driving privileges may be suspended, and you may be prosecuted for a DUI offense.

Field sobriety tests are voluntary, and you can politely decline a police officer’s request. However, if you are arrested for a DUI, you may need legal assistance to protect you from a possible unwarranted conviction.