Holcomb & Hyde LLC
Do You Have to Participate in A Field Sobriety Test?
When the idea of a DUI comes up in conversation, most people immediately picture a person doing a field sobriety test. These tests are done on the side of the road to help an Ohio police officer determine whether or not a driver is intoxicated. While the police officer is trained to make it seem like you don’t have an option, you may decline to undergo the test.
It’s Going to Be Used as Evidence
A field sobriety test can be used as evidence in your criminal trial. For this reason, it’s a good idea to decline , so there is less evidence against you. If an officer truly feels that you are intoxicated, they will take you to a local medical facility to undergo a blood test. Blood tests are done for DUI offenses as they are usually a surefire way to prove the exact level of intoxication that a person is at. Therefore, there really is no need for you to participate in a field sobriety test.
Test Results Are Dependent on The Officer’s Judgement
Field sobriety tests are highly dependent on the police officer’s judgment of your performance. Tests usually include the walk and turn, one-leg stand, and horizontal gaze nystagmus test. Due to the lack of hard evidence in the results of these tests, it’s completely possible for an officer to make a bad judgment.
Field sobriety tests are nothing new. Officers have been using them for decades as a way to determine whether or not a driver is intoxicated. Don’t fall victim to thinking that you have to participate in them. They are completely voluntary as you can politely refuse to take the tests when the officer tries to initiate them.