Are You Required to Do a Field Sobriety Test?
Having a physical condition or mental impairment can cause you to fail a sobriety test. If you have a condition that affects your balance, such as vertigo or diabetes, the results of sobriety tests may be affected. Likewise, if you have problems with your balance due to age or disability, a walk and turn test may be difficult for you.
There are many factors that can affect the results of a field sobriety test. First of all, you must understand that field sobriety tests are subjective and aren't always helpful in proving your innocence in a DUI case. Moreover, they rarely help you defend your case in court, as the officer's observations can be influenced by your mental or physical state.
Secondly, you should know your rights regarding refusal. Refusing a field sobriety test can result in your arrest. If you refuse the test, you must submit to a breathalyzer test at the police station. If you refuse, you will be charged with a refusal, the same as a DUI.
You will also be required to take a blood test at the station if you fail a field sobriety test.
When you are asked to take a field sobriety test, the police officer has the power to ask you to step outside your vehicle. However, you do not have to agree or give permission for the police to search your car. The police officer must have a valid reason for asking you to do this. Therefore, it is imperative to ask whether you are required to submit to the test. You can also refuse to submit to the test if you are not feeling well.
Refusal is completely voluntary. It is important to remember that a refusal of a field sobriety test does not constitute a DUI. Although it does not result in a DUI, it does not necessarily mean that you'll get a suspended license. It is best to refrain from consenting to the tests if you are suspected of drunk driving. In most cases, you'll face no legal consequences if you refuse to take them.
Although a refusal of the tests is not illegal in California, it is strongly recommended that you contact a DUI attorney as soon as possible. Refusal of a field sobriety test does not mean you are guilty; it only means that you are not unconscious of your intoxication. A refusal can be used as evidence against you in court, and can even lead to the suspension of your driving privileges.