What Happens if I Do Not Take a Field Sobriety Test?

If you get pulled over by the police and they suspect that you are driving while under the influence of alcohol, they might ask you to submit to a field sobriety test. This is usually a series of physical tasks that would be easy for sober people to perform, but a bit more difficult for someone to handle after a few cocktails. Are you required to perform these tests though? You aren’t, but you still might end up needing the assistance of a Queens DUI lawyer.

Is a Field Sobriety Test Mandatory?

It actually is not mandatory to cooperate when asked to perform a field sobriety test. So if a cop pulls you over and asks you to hop on one leg and walk heel-to-toe in a straight line, you do not need to comply.

However, it is important to know that this can be used against you if you go to trial. A prosecutor might try to say that refusing the field sobriety test was an admission of guilt. There are good reasons to refuse these tests though. They can be failed even by sober drivers for many reasons. Poor weather, bad road conditions, and some medical conditions can all interfere with the proper performance of these tasks.

What Happens If I Do Not Cooperate and Take a Field Sobriety Test?

Then you will probably be asked to take a chemical test. This is not something you can refuse, and that is all thanks to what we call “implied consent” laws. Basically, you have agreed to be tested for blood alcohol concentration just by getting behind the wheel of your car.

As a result, refusing your test can cause all sorts of legal headaches for you. Usually, the cops will ask you to submit to a breathalyzer. Turn that down and you could end up facing penalties like:

• A suspension of your license for one year
• A fine of $500
• The installation of an ignition interlock device

And this is just for the first offense. Decline a chemical test in the future and your license could be suspended for even longer.

Do I Need a Criminal Defense Attorney?

We recommend having an experienced DUI attorney on your side. They can defend you whether you took the field sobriety test or refused it. They can get evidence thrown out if it is not properly collected. They can also let you know when it is time to look into a plea bargain.

Schedule a Consultation

If you find yourself facing DUI charges, there could be serious consequences for a conviction or guilty plea. Make sure that you are fully aware of all your options by contacting Vasiliou Law and scheduling a consultation with our team. We can help you fight for the best outcome in your case.