Everyone knows not to drink and drive, but many legally intoxicated people don’t feel impaired at all. When those people get detained by police, they often mistakenly believe that participating in roadside sobriety tests will exonerate them.
Below are some reasons why it’s typically better to politely refuse to perform them.
You have a right against self-incrimination
Under the United States Constitution, everyone is protected from self-incrimination by the Fifth Amendment. Engaging in videotaped field sobriety tests is offering the prosecution evidence against you, as these tests rarely result in a driver being free to go.
They are inherently subjective
Just as a policeman’s unprovable statement, “I detected an odor of alcohol on their breath,” is, much of a sobriety test done on the side of the road is subjective. You have the right to refuse.
Many conditions favor failure
Diagnoses of astigmatism or strabismus can skew a gaze nystagmus test, where the officer asks the detained driver to follow a pen with just their eyes. Many conditions affect the ability to balance on one leg or walk a smooth, straight line. Adding in that you may be asked to perform these tasks within feet of speeding traffic, you have the perfect recipe for failure.
What you should do instead
Refusing will pretty much guarantee a ride in the squad car down to the station, where you will then be faced with a breath test. Refusing that has its own penalties and, in some cases, may be mandatory.
Verbally invoke your right to remain silent until you have an opportunity to craft a legal defense.