Seattle DUI Attorney

Field Sobriety Tests

Contrary to what the police tell you, you are not required to take a roadside test or Field Sobriety Test (FST). Studies indicate that they are less than 80% accurate. There are only 3 tests that the National Highway Traffic Safety Administration gives credibility to and they include:

• The One-Leg-Stand test
• The Horizontal Gaze or Nystagmus Test
• The Walk-and Turn Test

Always remember that you have the right to refuse a FST and that the police officer isn’t there to help you.

By refusing to take the tests does not result in the loss of your driving privileges unless you have a pending case or are on probation. But be aware the prosecutor will argue that you refused the tests based on a “consciousness of guilt”. He will make the jury think you knew you were drunk and would fail them. The other issue to consider is that you will probably be arrested on the spot. The officer may threaten to book you into jail if you don’t take the tests. If this happens, just make sure the officer is aware that you are cooperating out of respect and you are doing so under protest. This will enable your DUI lawyer to claim they lacked your voluntary consent and make a motion to suppress the tests.

Disclaimer: The information you obtain at this site is not, nor is intended to be, legal advice.  You should consult an attorney for individual advice regarding your own seperate legal issue.