DWI Field Sobriety Tests
Field Sobriety Tests (FSTs)
It is an interesting phenomenon that most individuals perform the FSTs without any hesitation, and then refuse to provide a breath or blood sample – the refusal of which carries a 180 day driver license suspension. I have asked many prospective clients why they performed the FSTs and then refused the breath or blood test. The answer is always the same! Every one of them said they “thought they had to”. However, based on the way the officer talks to the potential defendant, and based on the words used by the officer, it’s easy to understand why the individual thinks the FSTs are required.
The truth! You are under no legal obligation to perform any Field Sobriety Tests and there are no legal consequences if you refuse to do so. However, you should also know that the prosecutor will likely be more difficult to work with when the defendant has not “cooperated” with the officer (as they see it). You should also know that in the event your case is tried to a judge or jury, the fact that you refused to perform the tests, or provide a specimen of your breath or blood, is admissible evidence to the judge or jury. It is up to your lawyer to be persuasive that your refusals were an exercise on your legal rights.