Can I refuse the standardized field sobriety tests (SFST’s)?

If you are pulled over on suspicion of driving under the influence (DUI) in the United States, the police officer may ask you to perform Standardized Field Sobriety Tests (SFST's). These tests are a series of physical and mental exercises that are designed to determine whether a driver is under the influence of alcohol or drugs. However, you may be wondering whether you are legally required to perform these tests, or whether you have the right to refuse them. In this blog post, we will explore this question in more detail.

Do You Have the Right to Refuse Standardized Field Sobriety Tests?

The short answer is yes, you do have the right to refuse SFST's. In fact, you have the right to refuse any field sobriety tests that are requested by a police officer. However, it's important to note that refusing these tests may have consequences.

For example, if you refuse to perform SFST's, the police officer may use your refusal as evidence of guilt in court. Additionally, if you refuse to take a chemical test (such as a breathalyzer or blood test), you may face automatic license suspension or other penalties under the implied consent laws in your state.

Why Might You Want to Refuse Standardized Field Sobriety Tests?

There are several reasons why you might choose to refuse SFST's, even if you are not under the influence of alcohol or drugs. For example:

1.     You may have a medical condition or disability that could affect your ability to perform the tests accurately.

2.     You may be nervous or anxious, which could affect your ability to perform the tests accurately.

3.     You may be concerned that the tests are subjective and that the police officer may interpret your performance incorrectly.

4.     You may be concerned about the potential consequences of failing the tests, such as being arrested or having your license suspended.

What Happens if You Refuse Standardized Field Sobriety Tests?

If you refuse SFST's, the police officer may still arrest you on suspicion of DUI based on other evidence, such as your driving behavior, the smell of alcohol on your breath, or other physical symptoms of impairment. Additionally, if you refuse to take a chemical test, you may face automatic license suspension or other penalties.

However, if you do refuse SFST's or other field sobriety tests, it's important to remember that you have the right to remain silent and the right to speak to an attorney. You should exercise these rights and avoid making any statements that could be used against you in court.

In conclusion, while you do have the right to refuse Standardized Field Sobriety Tests (SFST's) if you are pulled over on suspicion of DUI, it's important to understand the potential consequences of refusing. Additionally, if you are facing DUI charges, it's important to speak to an experienced DUI defense attorney who can help you evaluate the evidence against you and develop a defense strategy that is tailored to your unique situation.