It is an unfortunate misconception that sadly continues to persist: People think there is a way to "pass" a field sobriety test. Too many people take these tests thinking they can avoid a DUI arrest, only to still be arrested and face serious criminal charges.
If a police officer stops you and asks you to take a field sobriety test, you can politely decline. There is no penalty for a refusal. If you are eventually arrested for DUI, your next move should be to speak to an attorney. Call our experienced criminal defense attorneys at Whitestone Young, PC, of Fairfax, Virginia, to protect your rights.
Do Not Make The Police's Jobs Easier For Them
A field sobriety test does not prove or disprove drunkenness. Instead, a police officer uses it to gather observational evidence against you to prove probable cause for the arrest. While it does not prove guilt, the officer and prosecutor can use the information against you in court. If you take the test, it will be harder to argue in court that the officer had no probable cause.
Even if you have not had any drinks, there are numerous factors that could possibly work against you if you take the test, including:
- The shoes you are wearing
- Whether the pavement is slippery because of rain
- If you have a condition like vertigo or obesity that affects your balance
This information also applies for breath tests conducted at the scene. You do not have to submit to a preliminary breath test. By refusing to take either of these tests, you will be denying the police and prosecution information that they can use against you in court. You will also help your lawyer build a stronger case.
Talk To An Attorney Today
If you have other questions about your rights when in a traffic stop, we invite you to contact Whitestone Young online or call our office in Fairfax at 703-591-0200 to schedule a consultation.