How to Refuse Field Sobriety Tests
There are three common field sobriety tests that are given by police officers when they suspect you have been driving after drinking; these are known as the walk and turn, the one leg stand, and the horizontal gaze. In addition there are chemical tests of breath and blood. Non-chemical field sobriety tests are subjective and are designed to provide probably cause for the officer to arrest you.
- Difficulty:
- Moderate
Instructions
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1
Find out if your state has implied consent. Most states have adopted implied consent laws that state that when you receive your driver's license, you imply your consent to submit to field sobriety testing. However, even if your state does have implied consent laws, you can generally still refuse field sobriety tests.
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2
Familiarize yourself with the consequences for refusing a sobriety test in your state. For example, in the state of Illinois, if you refuse a breath alcohol test when you are under suspicion of driving while intoxicated, your license is suspended for 180 days.
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3
Cooperate with the police officer, answer his questions and produce your license, registration and insurance if he asks for it. However, it is best not to engage in any unnecessary conversation with him. The police officer may try to engage you in conversation to gain evidence that you have been drinking.
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4
Refuse, politely but firmly, if the police officer asks you to take a field sobriety test. Refusal to submit to the tests may be used as evidence against you, but it is not as strong of evidence as might be gathered if you take the tests.
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5
Contact an attorney for further advisement as soon as possible. If the officer places you under arrest for drinking and driving, do not answer any questions until your attorney is present.
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Tips & Warnings
If you are involved in a motor vehicle accident involving injury or death, the police may be able to take a blood sample from you without your consent, depending on the laws of the state that you are in when the accident occurs.
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Comments
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stickyfingerz
Sep 18, 2008
In the state of Virginia, refusal of field sobriety test or submission of breath for testing will result in an automatic DUI conviction, mandatory 1 year suspended liscense along with all the classes, fines and other accompaniants of the dreaded DUI. The ONLY time this will help you more harm you is if you ARE ON PRIVATE PROPERTY. Then refusal is an option. Anon. Collector of DUI's (4 ea)
