Should I take the test?
WHAT SHOULD I DO IF ASKED TO TAKE FIELD SOBRIETY TESTS?
There is no legal
requirement to take any field sobriety tests and as such, you should never take them.
These are subjective tests that are only 65%-77% correct when
administered in perfect conditions, administered exactly as designed
and evaluated impartially.
The Officer ALREADY THINKS YOU ARE INTOXICATED—why else would they request you take the test? An officer who already is biased against you is the one who will be ‘grading’ your performance. In America you DO NOT HAVE TO PROVE YOUR INNOCENCE---- it is the Officer’s duty to prove your guilt. You have no obligation to do his job or help at this point.
The best response is to ask the officer "Am I REQUIRED to take these tests?” The honest answer is no. Any other answer could leave a jury with the impression the officer is deceptive. At this point tell the officer that you would like to talk to an attorney before deciding what to do.
The Officer most likely will refuse your request but there is a huge difference between refusing to take the tests and asking to talk to an attorney before making your decision.
Please note----the refusal discussed above applies to the Field Sobriety Test only. Refusal of the Breath Test is a different issue with different rules.
Bruce Edge, Tulsa DUI Lawyer
Board Certified in DUI Defense under ABA guidelines
Let us relieve this stressful time