If the police pull you over for suspicion of DUI, you may be asked to step out of your car and perform a field sobriety test. Is it better to refuse a field sobriety test or not? It is, in fact, often better to refuse a field sobriety test.
In California, there’s no obligation for you to undergo a field sobriety test. Your involvement is entirely voluntary, and the outcomes could negatively impact your defense against DUI charges. Contact us now to learn more about the benefits of partnering with our Los Angeles DUI lawyers.
What You Need to Know About Field Sobriety Tests in California
Every driver in California should have a fundamental understanding of what a field sobriety test entails. A typical field sobriety assessment comprises three segments:
- Horizontal gaze nystagmus: This segment of the examination necessitates tracking a mobile object with your eyes. If your eyes exhibit jerky movements during this task, it may suggest intoxication from alcohol, drugs, or a combination of both.
- Walk-and-turn: The walk-and-turn test entails you to walk heel-to-toe for a certain number of steps. This test has an accuracy of only 68%.
- One-leg stand: During the one-leg stand test, you must balance on one leg for a set amount of time.
Although your ability to complete these tasks can provide insight into your blood alcohol concentration (BAC), it’s crucial to recognize that numerous variables affect these assessments. While some individuals may struggle with these field sobriety tests even when sober, others might perform adequately despite being under the influence of alcohol. Therefore, relying solely on these tests to gauge intoxication levels can be unreliable due to the multifaceted nature of human behavior and physiology in response to alcohol consumption.
Factors such as individual tolerance, physical condition, and external influences can significantly influence test outcomes, underscoring the complexity of assessing sobriety solely through these methods.
While the science and logic behind field sobriety tests are shaky, the law is not. The most important thing to remember about field sobriety tests in California is that your participation is voluntary.
You Have the Right to Refuse a Field Sobriety Test
If a police officer asks you to perform this test, it’s in your best interest to politely refuse. Law enforcement can’t arrest you just for refusing to do a field sobriety test.
If an officer has probable cause that you’re drinking and driving, they actually can arrest you – but they won’t need field sobriety test results to “prove” your intoxication. Because once you’ve been arrested, California law requires you to submit to a breathalyzer, regardless.
So what is the point of field sobriety tests? These roadside tests are nothing more than icing on the cake for the prosecution. The results will only hurt your defense and bolster the prosecution’s case against you.
Nystagmus (Involuntary Eye Movements) Has Many Causes
Nystagmus, which is an involuntary eye movement, can be an inherited condition. People may also experience nystagmus after a stroke or even during an ear infection. There is also emerging medical research that links nystagmus to COVID-19.
Nystagmus is a relatively common condition, but its presence can be used against you in a DUI conviction. And that’s one more reason why it is better to refuse a standardized field sobriety test in California.
The Physical Portions of a Field Sobriety Test Measure Athletic Ability – and Not Much Else
Older individuals and people with certain health conditions are at a serious disadvantage. Countless medical conditions affect a person’s balance, including:
- High or low blood pressure
- Inner ear problems
- Low blood sugar
- Pregnancy
If a person has any issues with their hips, knees, ankles, or feet, they may not “pass” the walk-and-turn test or one-legged stand tests.
Even the most agile individuals can struggle with standing on one leg while in the comfort of their own homes. Now imagine doing the walk-and-turn and one-legged tests at 2:00 a.m. by the side of the road while lights flash in your eyes and traffic whizzes past.
5 Things You Should Do When Stopped for Suspicion of Drunk Driving
Now you know that it is better to refuse a field sobriety test. But what should you do if stopped for a DUI? If you see flashing lights in your rearview, here are the five steps you should take.
1. Pull Over to the Side of the Road and Roll Down Your Window
Then place your hands on the steering wheel and keep them there. If you must get your license out of your pocket or insurance papers out of the glovebox, ask first. “My license is in my purse. Can I get it out?”
Don’t get out of your car unless the police officer asks you to do so.
2. Don’t Answer Leading Questions
Likely the first thing that the law enforcement official will ask you is, “Do you know why I’m pulling you over?” This question is a trap. Whatever you do, don’t start guessing at their reasons! A simple “No, I do not know why” is sufficient.
Another question they may ask you is, “How much have you had to drink tonight?” You don’t have to answer that question, either, but you shouldn’t lie. You can politely respond, “I prefer not to answer any questions. Am I free to go?”
The officer pulled you over for a reason, so you probably won’t be able to go just yet. But this response lets the officer know that you are aware of your legal rights.
3. Refuse a Field Sobriety Test
When you refuse to participate in a field sobriety test, you do not have to give a reason. You can say, “I prefer not to participate.”
The police may continue to ask you questions, but stay calm and remain polite. Continue to say, “I prefer not to answer any questions, officer. Can I go now?”
4. Know California’s Preliminary Alcohol Screening (PAS) Laws
If you are not under arrest, law enforcement may ask you to take a breathalyzer test on the spot, called a preliminary alcohol screening (PAS). In California, unless you are under 21 years of age or on DUI probation, you can refuse the PAS – and you should. Much like a field sobriety test, the results of a PAS will be used against you but won’t help your DUI defense.
If there is any doubt about whether you are in police custody, ask, “Am I under arrest?”
A PAS test is far from foolproof. The portable, handheld devices used for a PAS may not be calibrated correctly. And certain health conditions can affect PAS breath test results, like diabetes and GERD.
5. Know Your Rights if the Police Arrest You
If the police place you under arrest, California law requires you to submit to a breath, alcohol, or urine test to measure your blood alcohol concentration. It is in your best interest to take this test, as you will face separate penalties just for refusing, regardless of what your BAC is.
After an arrest, take the breathalyzer test and continue to invoke your right to remain silent. Ask to speak with a defense attorney from our legal team.
Get Legal Help After a California Field Sobriety Test
When it comes to “Is it better to refuse a field sobriety test or not?” – the answer is clear. If you did do a field sobriety test, you should contact us to speak with a Los Angeles DUI attorney who may be able to preserve your legal rights.
Immediate legal representation is your best defense against a DUI charge, so do not wait to partner with one of our experienced and aggressive defense lawyers.
