Lawyers always say to refuse field sobriety tests, but what's the point of refusing if you’ll almost certainly get arrested for refusing the field test and taken back to the station to get your BAC measured regardless of what you do?

 


Refusing a field sobriety test during a traffic stop can be a complex decision, and the rationale behind it involves various legal considerations. It's important to note that laws can vary by jurisdiction, so it's advisable to consult with a lawyer familiar with the specific laws in your area. However, I can provide some general information on why some lawyers advise against field sobriety tests.

 

Subjectivity of Field Sobriety Tests:

Field sobriety tests, such as the walk-and-turn or one-leg stand, are subjective assessments made by the police officer. Performance on these tests may be influenced by factors other than intoxication, such as fatigue, nervousness, or physical condition. Refusing these tests may eliminate potentially incriminating evidence.

Lack of Standardization:

Field sobriety tests are not foolproof, and there is a lack of standardization in their administration. Mistakes can be made in the instructions given by the officer or in the evaluation of your performance. Refusing the tests may prevent the introduction of potentially flawed evidence in court.

Limited Legal Consequences for Refusal:

While it's true that refusing a field sobriety test may lead to arrest or other legal consequences, the penalties for refusal can be less severe than those for failing the test. Additionally, some jurisdictions have limited or no penalties for refusing these tests.

Preservation of Rights:

Refusing a field sobriety test may be seen as an exercise of your right to remain silent and your right against self-incrimination. By refusing, you may avoid providing evidence that could be used against you in court.

Focus on Chemical Tests:

In many jurisdictions, the key evidence in a DUI case comes from chemical tests like breathalyzers or blood tests. Refusing a field sobriety test may redirect the focus to these more objective measures, where legal challenges may be more effective.

It's essential to understand that the decision to refuse or take a field sobriety test depends on individual circumstances and local laws. If faced with such a situation, it is advisable to consult with an attorney promptly. They can provide guidance based on your specific circumstances and the legal landscape in your jurisdiction.