Drivers stopped on suspicion of driving while intoxicated (DWI) may face a request from law enforcement to perform field sobriety tests. Many drivers might think that refusing the test will prevent evidence from building against them, but this choice can lead to complications.
Consequences of refusing a field sobriety test
Although the law does not require drivers to take field sobriety tests, refusal may still have negative outcomes. Officers may interpret refusal as a sign of guilt or impairment, and this perception could influence the officer’s decision to arrest. Refusing a field sobriety test does not prevent an officer from arresting a driver or requesting alternative tests at the police station.
Potential alternative tests
Drivers might not realize that there are other tests law enforcement can use if they refuse to take a field sobriety test. Officers may request a blood or breath test to determine the driver’s blood alcohol content (BAC). These alternative tests can still provide evidence of impairment, making refusal of the field sobriety test less effective as a strategy.
Legal issues that can arise
Drivers face legal penalties for refusing a breath test after a DWI arrest. While refusing a field sobriety test does not carry the same automatic penalties, it can weaken a driver’s position in court. This could make it harder to challenge the DWI charge.
Weighing the risks during a DWI stop
Refusing a field sobriety test during a DWI stop involves risks that drivers should consider carefully. By understanding the potential consequences, drivers can better protect their rights and avoid making choices that could lead to more severe penalties.