Being pulled over on suspicion of drunk driving is stressful. Add to that the confusion of field sobriety tests, and it’s easy to see why many people feel overwhelmed. These roadside tests often seem simple, but there are a lot of misunderstandings floating around. Believing the wrong things can seriously affect your case if you’re charged with DUI.
Let’s cover some of the most common myths and explain what really matters.
#1. Refusing the Test Will Make Everything Worse
A lot of people panic when an officer asks them to perform a field sobriety test or submit to a breathalyzer. The common belief is that saying “no” will automatically make things worse. The reality is more nuanced. Most states have implied consent laws, which basically say that by holding a driver’s license, you’ve agreed to chemical testing if suspected of DUI. Refusing may result in administrative penalties like a license suspension, but it doesn’t automatically prove guilt in court.
There are strategic reasons why some people choose to refuse testing. If the officer didn’t have probable cause for the traffic stop, refusing a field sobriety test might actually work in your favor later. Even if there are penalties for refusal, your lawyer can use other evidence to defend you or argue that the stop itself was improper.
Jonathan Sills, DUI Lawyer at The Sills Law Firm, LLC, shares, “Refusing a test should not be taken lightly, but it’s also not a one-way ticket to a DUI conviction. Understanding the law in your state and consulting an experienced DUI lawyer can help you make the best decision at the moment.”
#2. Any Officer Can Administer the Tests Correctly
Many drivers assume that any police officer can perform field sobriety tests perfectly. Unfortunately, this isn’t true. While most officers receive some basic training, proper SFST administration requires specialized knowledge and practice. Mistakes in instructions, timing, or scoring can make the test results unreliable.
For example, if an officer gives unclear directions during a walk-and-turn test, a person might step off the line or lose balance, even if they haven’t been drinking. Environmental factors like uneven pavement, rain, or poor lighting can also affect performance. Small scoring errors can exaggerate a failure, and these details are often overlooked.
Stephen J. Bardol, Esq, Managing Attorney of Bardol Law Firm says, “Lawyers often scrutinize how the test was administered, looking for errors that can challenge the reliability of the results. Courts have recognized that improperly conducted tests can’t always be used as solid evidence. Believing that the officer is perfect in every situation is a mistake. Knowing this can give you perspective and help you focus on legal strategies rather than assuming failure is inevitable.”
#3. You Must Fail the Test to Be Arrested
Another common misconception is that passing a field sobriety test guarantees you won’t be arrested. In reality, officers consider multiple factors when deciding to arrest someone for DUI. Driving behavior, slurred speech, bloodshot eyes, odors of alcohol, or other signs of impairment can all contribute to an arrest decision.
Passing a single test doesn’t erase other observations. Someone could walk a straight line perfectly but still be impaired, and an officer might decide that an arrest is justified. Similarly, failing a test doesn’t automatically mean guilt—it’s just one piece of the puzzle, says Timothy Allen, Sr. Corporate Investigator at Oberheiden P.C.
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