Charlotte Criminal Lawyer Blog
Can I Refuse Field Sobriety Tests?
Driving while impaired (DWI) occurs when a person gets behind the wheel after having consumed alcohol or drugs that impair them. DWI is a serious offense and one that comes with significant penalties if convicted. DWI charges may come after a driver has been found to be under the influence of drugs or alcohol. In order to charge a driver, the police must first determine that a driver is impaired. This is often done using field sobriety tests.
What are Field Sobriety Tests?
Field sobriety tests are standardized tests that law enforcement officers use to help them determine whether a driver may be impaired. There are several tests that have become part of the standardized field sobriety tests (SFST). As the name suggests, field sobriety tests are performed at the location of the traffic stop rather than at a police facility. Generally, a trained officer will administer field sobriety tests.
Types of Field Sobriety Tests
Law enforcement utilizes field sobriety tests to help them determine whether a driver is impaired. These tests are generally performed at the roadside. These tests are not permissible in court to prove impairment. Only official blood, breath, or urine tests are allowed as evidence. Instead, FSTs are used as a screening tool to assist officers in determining the next steps in the traffic stop. There are three main tests that police use, which are known as the standardized field sobriety tests (SFSTs).
Horizontal Gaze Nystagmus (HGN)
The horizontal gaze nystagmus test is an observation of the eye movements of a driver. The driver must follow the officer’s penlight with their eyes, without moving their head. Under normal circumstances, the eyes will move smoothly back and forth. When the driver is impaired, the eyes may move in a jerky or halting manner, which may show the use of alcohol or drugs.
Walk and Turn Test
The walk and turn test requires a driver to walk in a straight line heel-to-toe for nine steps, turn, and walk back to the starting position. The test allows police to review the coordination of the driver. Typically, a person who is not impaired will be able to complete the test without any problems.
One-Leg Stand
The one-leg stand test requires a driver to stand on one leg with one leg off the ground at least six inches. The driver must count out loud during the test. The test ends when the officer ends it or when the driver is unable to perform it. As with all the tests, the police evaluate the driver’s ability to listen and follow directions as well as their actual performance during the tests.
Can I Refuse SFSTs?
Field sobriety tests are used for the purpose of evaluation and are not legally required. Therefore, as a driver, you may refuse to participate in SFSTs. Your refusal is not illegal and will not result in further disciplinary action. However, if you refuse to submit to roadside testing, the officer will generally take you to the police station for required tests. The law requires drivers to submit to blood, breath, or urine testing when asked by a member of law enforcement. These tests will indicate your blood alcohol content (BAC) for legal purposes. Refusal will result in a separate charge and the automatic suspension of your driver’s license for a minimum of 30 days.
If you have been arrested for DUI, you will want to vigorously defend the charges. Contact our experienced legal team at Arnold & Smith, PLLC, at (704) 370-2828 to speak to our experienced criminal defense legal team.
The criminal defense attorneys at Arnold & Smith, PLLC make it their mission to zealously defend their clients on a wide range of criminal matters at both the state and federal levels. These matters may include any charge from traffic offenses; DWI/DUI; drug charges (from simple possession to possession with intent to distribute and trafficking); gun permit denials; weapons offenses; and property crimes (larceny, breaking and entering, robbery, fraud, embezzlement, white collar offenses); to sexually related offenses (indecent exposure; sexual assault, crimes against nature, removal from sex offender registry); and violent crimes (domestic violence; assault; manslaughter; homicide, murder). Other legal issues that Arnold & Smith, PLLC criminal clients may be facing include restraining orders, restraining order and probation violations, expungements; appeals; and immigration issues related to criminal charges. Our criminal defense attorneys are passionate about ensuring that individuals empower themselves by being informed about their constitutional rights, and stand at the ready to fight in the defense of those facing criminal charges.
Source:
https://www.allaboutvision.com/conditions/nystagmus/horizontal-gaze-nystagmus-and-sobriety-testing/
https://www.law.cornell.edu/wex/blood-alcohol_content_(bac)
See Our Related Video from our YouTube channel:
See Our Related Blog Posts: