Should I Refuse a DUI Field Sobriety Test?

by | Nov 21, 2024 | Uncategorized | 0 comments

If I am pulled over for a DUI in Kentucky, should I refuse the field sobriety tests and if I do, does that increase my potential penalties?

If you are pulled over for suspicion of driving under the influence (DUI) in Kentucky, one of the first decisions you may face is whether to submit to field sobriety tests (FSTs). Knowing how this decision could impact your case is crucial. Criminal defense attorney Eric Ray of Lexington has years of experience in DUI cases and can guide you through the best course of action if you’re faced with this situation. Here’s what you need to know about refusing field sobriety tests and the potential consequences.

What Are Field Sobriety Tests?

Field sobriety tests are a series of physical and cognitive exercises that police officers use to assess whether a driver is impaired. Common tests include:

  • The Walk-and-Turn Test, which requires you to walk in a straight line, heel-to-toe, then turn and walk back.
  • The One-Leg Stand Test, which involves standing on one foot for 30 seconds, while maintaining balance.
  • The Horizontal Gaze Nystagmus Test, which measures involuntary eye movements as you follow a moving object with your eyes.

These field tests are aimed at helping police officers determine whether you are impaired by alcohol or drugs. But they are highly subjective, meaning the officer’s interpretation can be influenced by factors that might affect your performance, like fatigue, nervousness or medical conditions. For example, someone with balance issues, or an older person, might have trouble with these tests, giving the impression they are under the influence when they are not.

There is a difference between “field” tests and other tests that are conducted at the police station. In a future blog post, I’ll discuss chemical tests like the intoxalyzer, which is administered at the police station, and which may be among the most well-known tests. While you have the right to refuse any and all of these tests, you should know that there may be penalties associated refusing the intoxalyzer test. That’s why it’s important to contact a qualified criminal defense attorney like Eric Ray, before deciding whether or not to take this test.

The most important thing to know is that you have the right to refuse any and all of these tests: You can refuse all sobriety tests that check your blood, urine, or breath as well as your physical capacity to perform certain tasks like walking straight, etc. What you cannot refuse is a police officer’s request that you give them your identification and that you answer some basic questions about your identity.

So, Should You Refuse Field Sobriety Tests?

In Kentucky, drivers are not legally required to submit to field sobriety tests. You have the right to refuse them, and many DUI attorneys, including Eric Ray, advise doing so. Here’s why:

  1. They are unreliable and subjective: Field sobriety tests are not always accurate. Even sober individuals can fail these tests due to various factors like poor coordination, weather conditions, or anxiety. By refusing the tests, you reduce the chance of giving law enforcement subjective evidence to use against you.
  2. The Officer Already Suspects DUI: If you’re being asked to undergo these tests, the officer already suspects you of DUI. Based on other observations, such as the smell of alcohol, slurred speech, or erratic driving, it is unlikely you will perform the tests to a degree that avoids arrest.
  3. Protecting Your Defense: Refusing the field sobriety tests may strengthen your legal defense. If you show signs of impairment on the tests, that evidence can be used to justify the officer’s decision to arrest you, making it more challenging to fight the charges. By declining, you limit the amount of evidence the prosecution can use.

Does Refusing Field Sobriety Tests Increase Penalties?

Refusing field sobriety tests does not increase your penalties under Kentucky law. Unlike refusing a chemical test, which can lead to an automatic driver’s license suspension and other penalties under Kentucky’s implied consent laws, refusing field sobriety tests won’t automatically lead to harsher consequences. However, there are indirect factors to consider:

Suspicion of DUI May Increase: Refusing the tests could raise the officer’s suspicion and make it more likely they’ll arrest you, especially if they have other reasons to believe you are impaired. But, without field sobriety test results, the prosecution has less concrete evidence to argue your impairment, which could work to your advantage.

Officer’s Testimony: While you won’t face penalties specifically for refusing the tests, the officer can still testify in court that you refused. They may argue that this indicates a consciousness of guilt, though your attorney can counter this by explaining that you exercised your legal right to refuse an unreliable and biased test.

Conclusion

If you are pulled over for DUI in Kentucky, it is generally in your best interest to refuse field sobriety tests. These tests are voluntary, often unreliable, and can provide the prosecution with evidence that could be used against you. Importantly, refusing the tests does not automatically lead to increased penalties or legal consequences, unlike refusing some chemical tests.

However, it’s important to remember that each DUI case is unique. Criminal defense attorney Eric Ray can help evaluate the specific circumstances of your arrest and develop the best defense strategy for your case. If you are arrested or have questions about DUI laws or need legal representation, contact Eric Ray’s office in Lexington, Kentucky at 859-242-3487 for a free initial consultation.