Being pulled over for drunk driving causes most people distress and anxiety. Many Florida residents do not know their rights at a DUI stop.
For example, Florida law does not require drivers pulled over for DUI to participate in field sobriety tests.
What are field sobriety tests?
These are tests designed to test balance and coordination with the goal of assessing a driver’s impairment. Some examples of field sobriety tests include walking a straight line back and forth, following a beam of light with your eyes or counting backwards from 100.
If you are stopped on suspicion of DUI, police officers will likely ask you to perform field sobriety tests. Failing the tests gives them the probable cause they need to arrest you for DUI.
Police officers might not inform you of your right to refuse the tests. Therefore, like most other drivers, you could believe the tests are required.
Another reason you might believe the tests are required is because refusing other tests, such as a chemical test, comes with legal penalties. However, refusing to participate in field sobriety tests comes with no legal additional legal penalties and cannot be used against you in court.
Why you will likely fail the tests
One of the problems with field sobriety tests is they are likely never going to go in your favor. Even if you are sober, you could fail the tests out of nervousness. It is hard for most people to think straight or follow directions when they are nervous.
Even knowing your right to refuse, saying no to police officers can be difficult. Be polite and respectful, but firm. They may ask you more than once, hoping you will change your mind. Keep saying no and if they persist, exercise your right to an attorney.