One of the first things a police officer may ask you to do, if they think you are impaired by alcohol or drugs, is to take a field sobriety test. Common examples include the horizontal gaze nystagmus test, the walk-and-turn test and the one-leg stand test.
But what are your legal obligations in a situation like this? If an officer pulls you over on your way home and asks you to get out of the car and do the walk-and-turn test, do you actually have to do it?
These tests are typically voluntary
You can generally refuse to take field sobriety tests. They are a voluntary option, not something that you are obligated to do under the law.
In some cases, it may actually be in your best interests not to take the test. People can often fail field sobriety tests even if they are sober. Maybe you are feeling fatigued after a long day at work, for example, so you are worried that you may fail the one-leg stand test even though you have not had any alcohol.
That does not mean you will not be arrested. The officer may have other evidence that you are impaired, and they may still make the arrest. But they cannot arrest you solely for refusing field sobriety tests, so it is very important to understand all of your rights.
The legal defense process
If you are arrested, either after refusing field sobriety tests or participating in them, it is important to know what legal defense options you have. It can also help to work with an experienced defense attorney.