Compassionate And Accessible Legal Advocacy For Alabama

The cops pull you over for suspected DUI – should you refuse field sobriety testing?

On Behalf of | Nov 17, 2024 | CRIMINAL LAW - Drunk Driving

One moment you’re driving and suddenly, the cops roll up behind you and signal you to pull over. This is known as a traffic stop, and this can be very frightening.

You might not know your rights or how to respond when an officer asks you to perform field sobriety tests. These tests aim to help police determine if you are under the influence of alcohol or drugs, but they’re not always reliable. Awareness of your options and the possible outcomes can help you make a smart choice if you’re ever in this situation.

Understanding field sobriety tests

Police employ field sobriety tests to determine if a driver’s senses are impaired. These tests typically involve physical and mental challenges that officers use to assess your balance, coordination, and ability to follow instructions.

However, it’s important to remember that these tests can be difficult for anyone, regardless of whether they’ve been drinking. Factors like age, physical condition, or nervousness can significantly affect your performance.

Your rights and possible consequences

In Alabama, you have the right to refuse field sobriety tests without facing direct legal penalties. However, this decision may have other implications:

  • Potential arrest: The officer might still arrest you based on other signs of impairment, such as the smell of alcohol or slurred speech.
  • Court evidence: Prosecutors could mention your refusal to take the tests during court proceedings.
  • Officer discretion: Your refusal might influence the officer’s decision to arrest you or not.

Meanwhile, refusing a chemical test – such as a breathalyzer – can lead to automatic license suspension and may hurt your case in court. It’s crucial to think carefully about your choices in the moment. Every situation is unique, and what’s right for one person might not be right for another.

If you find yourself facing a DUI charge, talking to an experienced lawyer can help protect your rights and guide you through the legal process. Everyone deserves a strong defense, regardless of the circumstances.