You have a right to refuse to take field sobriety tests. If you have been drinking and believe you would fail the tests even sober because of the shoes you have on, your lack of coordination, your weight or pre-existing injury then it is best to politely refuse to take the tests.
By refusing you are giving the prosecutor less evidence to convict you. Always be polite act like a gentleman or lady and do not sway or use the car to gain your balance. You have no obligation to perform field sobriety tests; your refusal to perform these tests is inadmissible against you at trial.
The tests are basically useless in detecting intoxication, they test balance and memory and ability to listen and perform physical tasks under a high pressure environment more than anything. By refusing them the prosecutor can’t argue that you failed them. Remember refuse them politely and request to speak with your attorney. If you are rude the Jury or Judge will be told exactly what you said or did which can be worse than failing any type of test.
National Highway Traffic Safety Administration (NHTSA). Teaches police “Standardized Field Sobriety Tests” The way police instruct suspects to perform these tests and how they interpret and/or grade the performances varies widely and should be challenged by an experienced OUI attorney.
The National Highway Traffic Safety Administration (NHTSA) compiled a list of symptoms exhibited by drunk drivers
The Massachusetts police academy teaches its cadets that symptoms of intoxication are:
For more information about this charge please call criminal defense attorney Frank Fernandez for a free consultation.