We are fighters
who will do everything we can to protect your rights and your future.

The attorneys of Daniels & Rothman, P.C.
  1. Home
  2.  » 
  3. DUI
  4.  » Can I refuse to take a field sobriety test if pulled over?

Can I refuse to take a field sobriety test if pulled over?

On Behalf of | Dec 26, 2019 | DUI |

If pulled over in Georgia, the police officer may request you perform a field sobriety test if they suspect you are driving intoxicated. The field sobriety test consists of three parts that attempt to assess your level of sobriety. You do have other options beyond a field sobriety test such as a breathalyzer and blood draw.

Alcohol.org outlines the specifics on field sobriety tests. While the state may tout their objectivity, often the officer pulling you over has already determined your guilt. This bias can infiltrate their opinion of the field sobriety test.

Simply having you commit to taking the test can lead to your arrest. The tests check for physical balance, smooth movements of the eyes and ability to walk heel-to-toe on a straight line. Unfortunately, intoxication is not the only reason someone may fail the three-part tests.

You may decide to refuse to take the field sobriety test since it is not illegal to do so. However, keep in mind that the officer may arrest you because they think you are hiding something by refusing the test. Simply passing the field sobriety test and a breathalyzer does not mean the officer will not arrest you. However, your attorney may question the officer’s cause for arresting you if you do pass both tests.

Alcohol can make a person more confident in their ability to perform the requested steps in the field sobriety test. If you refuse the test, maintain a polite attitude toward the officer to avoid aggravating the situation. This information is intended to educate and should not be interpreted as legal advice.