North Idaho Law Group, PLLC

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You can refuse a field sobriety test in Idaho

On Behalf of | Jul 18, 2024 | DUI and Traffic

Police officers regularly use field sobriety tests to assess a driver’s impairment during a DUI stop in Idaho. Field sobriety tests are designed to measure your balance, reflexes and ability to think clearly by having you perform activities such as standing on one foot, following a light with your eyes or reciting the alphabet backwards.

When you are pulled over on suspicion of DUI, you likely feel nervous and are ready to say or do anything to convince the police officers you are sober and avoid getting arrested. However, you have a right to say no to field sobriety tests, although there is still a chance you will face legal penalties.

You may already know the importance of your right to remain silent. You should say little to nothing to the police and never tell them you were drinking alcohol.

Why you should refuse field sobriety tests

Since you will still probably be asked to take field sobriety tests, you should politely but firmly say no. While this may be hard to do, there are several reasons you should refuse field sobriety tests.

By the time they ask you to take the test, police officers have usually already formed an opinion about your level of impairment or intoxication. They already believe you are intoxicated. They just do not have the evidence necessary to prove it yet.

The field sobriety tests are used to establish evidence. Rarely do people take the field sobriety tests only for the police officer to tell them they passed. People often fail even if they are not intoxicated.

Why you may fail even if you are sober

Field sobriety tests are difficult to pass when you are already in a stressful situation. Anxiety often causes people to slur their speech, stutter and have difficulty focusing or concentrating. Your anxiety will likely be mistaken for intoxication.

If you refuse a field sobriety test, the police officers might ask you to take a blood alcohol concentration (BAC) test. A failed BAC test is also evidence that can be used against you in a criminal case so it is important to explore all your defense options.