In the last of our DUI Myths series (for now), I’d like to talk about field sobriety tests. It feels like whenever we read news articles about a person getting arrested for a DUI, we always see the phrase, “This person failed the field sobriety test.”
A lot of people believe the following:
I am required to take a field sobriety test.

Absolutely not! The officer may make it seem like you are required to, but you do not need to. You are allowed to decline and say you do not wish to answer any questions unless you have a lawyer present. Remember, you are required to state your name, show your license and registration, and take a BAC test.
Many lawyers don’t like field sobriety tests as proof of a person being drunk. A lot of issues can affect whether or not a person passes a field sobriety test. A person could have a physical handicap, or let their nerves get in the way. Above all, many people believe field sobriety tests are just employed to prove your guilt and they are an ineffective way to detect intoxication.
If I could give any recommendation, it would be to decline the sobriety test as politely as possible and don’t be unruly as you stand your ground.



