What happens if you deny a field sobriety test? This is a question that many individuals find themselves asking when they are pulled over by law enforcement and suspected of driving under the influence (DUI). Field sobriety tests are designed to determine if a driver is impaired by alcohol or drugs, but what happens if you refuse to take them? This article explores the potential consequences of denying a field sobriety test and the legal implications that may arise.
Field sobriety tests are voluntary in many jurisdictions, meaning that you are not legally required to submit to them. However, if you deny a field sobriety test, it can have several negative consequences. First and foremost, it may strengthen the case against you. Law enforcement officers often use the results of field sobriety tests as evidence in court to prove that a driver was impaired. By refusing to take the tests, you may be seen as unwilling to cooperate with law enforcement, which can make it more difficult for your defense attorney to argue for a not-guilty verdict.
Additionally, denying a field sobriety test can lead to an automatic suspension of your driver’s license. Many states have what is known as an “implied consent” law, which means that by driving on public roads, you have implicitly agreed to submit to chemical tests, such as a breathalyzer or blood test, if you are suspected of driving under the influence. If you refuse to take a field sobriety test, the officer may have grounds to believe that you are refusing to take a chemical test, which can result in an automatic suspension of your license for a certain period of time, often ranging from 30 to 90 days.
It is important to note that while you have the right to refuse a field sobriety test, you may still be required to take a chemical test. If you refuse a chemical test, the consequences can be even more severe. In many states, refusing a chemical test can result in an automatic suspension of your driver’s license for a longer period of time, often up to one year. Furthermore, a refusal to take a chemical test can be used as evidence against you in court, making it even more challenging to fight a DUI charge.
When faced with the decision to take or deny a field sobriety test, it is crucial to understand the potential consequences. While it is your right to refuse, doing so may not necessarily improve your chances of avoiding a conviction. It is advisable to consult with an experienced DUI defense attorney who can provide guidance on the best course of action based on the specific circumstances of your case. Remember, the decision to take or deny a field sobriety test is a significant one, and it is important to make an informed choice.
