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Do I Have to Take the Field Sobriety Tests?

In most states, you are not required by law to take the field sobriety tests and police officers rarely tell you this. If you refuse, the officer may have probable cause to place you under arrest for suspicion of DUI. Many criminal defense attorneys advise their clients not to take these tests because there are many factors that can cause you to fail these tests, which may include the following:

• Physical impairment or injury
• Being overweight
• Wearing uncomfortable or high heeled shoes
• Being elderly
• Being nervous
• Being intimidated
• Being distracted by traffic that is going by
• Weather conditions
• Uneven road surface

The best advice is to politely refuse to take the field sobriety tests since they are voluntary in most jurisdictions.