How Accurate are Field Sobriety Tests, and Am I Required to Do Them?

Under the law, any such tests are considered optional, but many officers will threaten to arrest drivers who do not submit to these physical exams. Of course, every situation is different, but typically it is best to refuse the field testing. The physical tests are are not only awkward and abnormal exercises, but they also have a biased grading system designed to make you fail.  These field sobriety tests have been created and implemented since the 1970s as a tool for law enforcement to make more frequent DWI arrests in the community.

Law enforcement officers can arrest a driver for DWI under a very low legal standard called probable cause, and are able to make such a determination without any field testing. An officer can cite slurred speech, red eyes, smell of alcohol, erratic driving, and an admission of consuming alcohol as factors of probable cause that are sufficient to lead to an arrest.

It is best to politely refuse the field sobriety tests and submit to a breathalyzer at the station (not the portable breath test). If you refuse the breathalyzer test at the station, the officer will obtain a search warrant and require you to submit to a blood test.  It is vitally important for drivers to understand their rights because their lack of knowledge can and will be used against them!

And, if you find yourself charged with a DWI, it's important to give Denuna Law a call as soon as possible. Chris Denuna specializes in DWI law and has the knowledge and expertise necessary to help you get the justice you deserve. There are many shortcomings to the entire DWI process, and this reality can make it difficult for drivers who are looking for fair treatment.

Don't let a faulty process cause you undeserved turmoil and stress, contact Denuna Law today!