If a police officer pulls you over because they suspect you’ve been drinking, they may ask you to perform a series of tasks, commonly known as field sobriety tests. You may be required to walk in a straight line, stand on one leg and/or follow an officer’s finger with your eyes.
Are you required to participate in field sobriety tests? Understanding the difference between field sobriety and chemical tests, and the consequences of refusing either, can help you make an informed decision.
Field tests and chemical tests are not the same
Law enforcement often uses field sobriety tests to look for signs of impairment. These tests are intended to help an officer evaluate a driver’s balance, coordination, attention and ability to follow instructions.
One issue with the field sobriety tests is that they are not necessarily easy for everyone to perform, even when they are completely sober. Balance and coordination can be affected by age, physical conditions, injuries, footwear, uneven pavement, nervousness or weather.
You can decline to perform a roadside field sobriety test. However, your refusal doesn’t automatically prevent an officer from arresting you for DUI. There may be other factors, such as:
- How you were driving before being stopped
- The odor of alcohol
- Your speech and behavior
- Any other observations the officer makes during the traffic stop
However, a roadside field sobriety test and a chemical DUI test are two different things. Mississippi’s implied consent law allows the chemical testing of breath, blood or urine. If an officer has probable cause, they must advise the driver that refusing the chemical test can result in a 90-day driver’s license suspension. If the driver has a prior conviction, the suspension can be one year.
If you are arrested for DUI, you should take the situation seriously. A DUI conviction can involve more than fines or jail time. Your employment, insurance costs and driving privileges may also be affected. Speak with a legal representative as soon as possible. They can review the circumstances of the traffic stop, the officer’s observations and any testing performed. They will also help to ensure that your rights are protected.
