What if I am not intoxicated and the officer asks me to take a field sobriety test?
What this question really gets at is what a person should do if they’ve been stopped for suspicion of driving while intoxicated but they know they are not intoxicated. In that situation where you are very confident that you are not intoxicated is to decline field sobriety tests and volunteer to give a blood test immediately. The field sobriety tests are very easy to fail even when you are not intoxicated and you should not take them. We frequently do presentations on DWI for social organizations, universities, businesses where we have volunteers come up and do field sobriety tests. It is common for these participants to fail one or all of the tests even though they have had nothing to drink. While an officer can get a search warrant for your blood, he cannot force you to do field sobriety tests or give a breath sample.
Learn more about driving while intoxicated defense.
Call us at (817) 203-2220 for a complimentary strategy session. Our team of former prosecutors and Board Certified Criminal Lawyers are here to help. During this call we will:
- Discuss the facts of your case;
- Discuss the legal issues involved, including the direct and collateral consequences of the allegation; and
- Discuss the defenses that apply to your plan and in general terms discuss our approach to your case.
You can also contact us online:
Also published on Medium.