There’s a lot of controversy around field sobriety tests. In fact, some attorneys tell clients to avoid taking these at all costs.
However, if you are pulled over for suspicion of DUI and agree to a field sobriety test, you may wonder – will you be convicted of this crime if you fail the test?
Failing a field sobriety test may lead to your arrest
Field sobriety tests are designed to give an officer clues to determine if you have been drinking. They include things like touching your nose, standing on one foot and others. However, for the police to even administer these tests, they must have probable cause.
If the officer has probable cause and you agree to the field sobriety test, it can result in an arrest if you fail it. However, this doesn’t automatically mean you will be convicted of DUI.
A failed field sobriety test supports an officer’s claims
Usually, the court requires a breath or blood treat with tangible BAC levels to convict someone of DUI. However, a failed field sobriety test will be used as support for the claim by the officer that you seemed impaired while behind the wheel.
Protecting your rights
Remember, you have the right to decline to take field sobriety tests. There are also no penalties an officer can apply for doing this. However, if they believe you are impaired, they will likely look for other evidence that would support their assertions — and that includes obtaining a breath alcohol test or a blood test to determine your blood alcohol content.
If you’ve been charged with drunk driving, it’s wise to seek legal guidance right away.