If you are pulled over by law enforcement on suspicion of drunk driving, you may be asked to perform a sobriety test. A sobriety test helps the police determine if you are sober enough to drive. Naturally, failing a sobriety test can lead to an OWI charge.
One of the first questions you may have is whether you can refuse to participate in a sobriety test. There is some key information you should know about the type of sobriety tests you can refuse.
Refusing a standardized field sobriety test is always acceptable
A standardized field sobriety test (SFST) is a physical and cognitive exercise that the police can use during a traffic stop to determine whether a driver is sober. SFSTs require drivers to follow several instructions, including standing on one leg, walking on a line or following a moving object. If a driver fails an SFST, the police may believe the driver is too intoxicated to operate their vehicle.
SFSTs are voluntary. Drivers can typically refuse an SFST without facing legal repercussions. Some people refuse SFSTs because the results of the tests are considered highly subjective.
Refusing a chemical sobriety test will lead to legal consequences
A chemical sobriety test evaluates a driver’s blood alcohol content (BAC) using blood, urine or breath tests. While law enforcement cannot force a driver to take a chemical sobriety test unless they obtain a warrant from a judge, drivers who refuse to take a chemical sobriety test will generally face serious repercussions under implied consent laws. Typically, a driver’s license will be suspended if they refuse to take a chemical sobriety test, and their refusal may be used to imply that they knew they would fail the test.
Sobriety test mistakes can lead to complex criminal charges. Professional legal guidance can protect people from life-changing convictions.