Should I Refuse Field Sobriety Test?
Drinking and driving is a serious offense that can lead to severe consequences, including fines, license suspension, and even imprisonment. When stopped by law enforcement on suspicion of driving under the influence (DUI), many individuals are faced with the decision of whether or not to refuse a field sobriety test. This article aims to provide insights into the implications of refusing a field sobriety test and help individuals make an informed decision.
Understanding Field Sobriety Tests
Field sobriety tests (FSTs) are designed to assess a person’s physical and mental abilities while under the influence of alcohol or drugs. These tests are typically conducted by police officers at the scene of a traffic stop. The most common FSTs include the horizontal gaze nystagmus (HGN) test, the walk-and-turn test, and the one-leg stand test.
Legal Implications of Refusing a Field Sobriety Test
Refusing a field sobriety test can have several legal implications. Firstly, it may lead to an automatic suspension of your driver’s license. In many states, a refusal to take the test is considered the equivalent of failing the test, and as a result, your license may be suspended for a certain period, often up to one year.
Secondly, refusing the test can be used against you in court. If you are later charged with DUI, the prosecution may argue that your refusal to take the test indicates guilt. This can make it more challenging to defend yourself against the charges.
Considerations Before Refusing a Field Sobriety Test
Before deciding to refuse a field sobriety test, it is essential to consider the following factors:
1. Legal advice: Consult with an attorney before making a decision. They can provide guidance on the potential consequences of refusing the test and help you understand your rights.
2. The officer’s reason for the stop: If the officer has a legitimate reason for stopping you, such as a traffic violation, you may be more inclined to take the test.
3. Your level of intoxication: If you believe you are not significantly impaired, you may be more comfortable taking the test. However, it is crucial to remember that even low levels of alcohol can affect your performance on the test.
4. The potential consequences: Consider the potential legal and financial consequences of refusing the test, as well as the possibility of facing a DUI charge.
Alternatives to Refusing a Field Sobriety Test
If you are unsure about whether to refuse a field sobriety test, there are alternatives you can consider:
1. Request a lawyer: Ask the officer if you can speak with an attorney before taking the test. This may give you time to consult with your lawyer and make an informed decision.
2. Explain your concerns: Politely explain your reasons for refusing the test to the officer. This can help avoid misunderstandings and potential legal issues.
3. Take the test: If you decide to take the test, be aware that you may still be charged with DUI if your performance is deemed impaired.
Conclusion
Deciding whether to refuse a field sobriety test is a significant decision that can have long-lasting consequences. It is crucial to weigh the potential legal implications, consider your level of intoxication, and seek legal advice before making a decision. Remember that you have the right to refuse the test, but be prepared for the potential consequences of your choice.
