Is a field sobriety test mandatory? - Ducati.ms

MarcP · Apr 7th, 2007, 4:47 pm

I've never gotten pulled over for drunk driving, and I don't plan to -- especially on a motorcycle! But this came up in conversation last night.

If you get pulled over, and the police ask you to get out of the car for a field sobriety test, do you have to take it? In Washington I know that we are required to take a breath test at the station (or lose our license) but we are not required to take the portable breath test at the scene. What about the field sobriety test?

The reason I ask is that in listening to friends who have gotten hassled for driving infractions the police seem to bootstrap their way into putting the driver in a bad position. The policeman claims the car was weaving (or a taillight was out, etc.) which justifies a stop. The police then claims he smelled alcohol (hey, it's not illegal to have a glass of wine with dinner, only to be driving over the limit). So the officer pulls a guy out of the car, puts him through the field sobriety test, and then later testifies the driver failed it.

I'm no cop but I know enough about physiology and balance that I can make a stone cold sober person "fail" a test. So I figure if I get pulled over I'd rather go to the station and have a real breath test than give a less-than-respectable police officer something he can use against me in court.

Anyone know the rules about this?

And for your amusement, check this out. Be sure to watch it to the end.
http://www.youtube.com/watch?v=vKqbq3oQ3L8

EGGMAN · Apr 7th, 2007, 4:54 pm

No, you do not have to take a field sobriety test. You don't even have to take a breathalizer test. There are ramifications for the later. If you know you are sober just tell the cop you will not be made a fool of with a field test and ask for the breath test.

foggy123 · Apr 7th, 2007, 4:55 pm

Field sobriety is not mandatory and will be used against you as probable cause in WA.

Advice from lawyer friend is to decline field tests. Who can pass them under pressure anyway?

mad · Apr 7th, 2007, 5:12 pm

Bingo. Same here in Florida. NOT mandatory on the tests/tasks.

Tylerman · Apr 7th, 2007, 5:23 pm

Quote:

Originally Posted by foggy123

Field sobriety is not mandatory and will be used against you as probable cause in WA.

Advice from lawyer friend is to decline field tests. Who can pass them under pressure anyway?

Got the same advice from my lawyer. Alas he was defending me after getting a DUI whilst in college, so a little too little too late. Of course you would lose your license for a year or so, but there are special licenses to get you to and from work so no problem there. I tell my daughters its still cheaper than a DUI, trust me.

Dark_Daddy · Apr 7th, 2007, 5:24 pm

If you have the time? If you have not drank then take them. You will be asked to take a PBT or preliminary breath test before you leave/arrested to go take the real breath test anyway.

MarcP · Apr 7th, 2007, 5:34 pm

Quote:

Originally Posted by Dark_Daddy

If you have the time? If you have not drank then take them. You will be asked to take a PBT or preliminary breath test before you leave/arrested to go take the real breath test anyway.

What's a preliminary breath test? Is it the little portable tester the police carry with them? In WA it's about the size of a book (well, it was the only time I blew into one, about 10 years ago). Doing that is optional in Washington.

Bill_Anderson · Apr 7th, 2007, 5:36 pm

I believe you have the right to ask for a blood test, which is the most accurate.

ST4R · Apr 7th, 2007, 5:39 pm

Some states are zero tolerance, so it's not OK to have a drink of wine with dinner and then drive. If you refuse the breathalizer you lose your license in some states. Period.

If you get stopped and you're not drinking, look the officer straight in the eyes, be polite, answer all questions, and be on your way. That's always worked for me.

NoC5 · Apr 7th, 2007, 6:25 pm

Nobody can force you to take field sobriety tests (FSTs). If you refuse to take the tests, as a general rule that refusal can be used against you at a later trial for DUII.

I know a fair bit about FSTs. There are three widely accepted "standardized" field sobriety tests -- an eye test called the Horizontal Gaze Nystagmus test, the walk-and-turn test, and the one-leg stand test. These tests are not rigged, and have been scientifically validated by the National Highway and Transportation Safety Association. Doctors and scientiests have determined that these three tests, when administered properly, are highly accurate in determining whether or not an otherwise healthy person is under the influence.

The idea that the pressure of the situation will cause you to fail the tests is a myth. If you have had too much to drink, you will probably have a hard time with the tests. If you have not had too much to drink, and you are healthy, you will do just fine.

Jason