What Are Field Sobriety Tests?
Field sobriety tests (FSTs) are a series of tests used by police to check whether a driver may be impaired by alcohol or drugs, often during a traffic stop or DUI investigation. Examples of FSTs include:
These tests are intended to help an officer determine whether there is probable cause to arrest you for DUI. They are not the same as post-arrest chemical testing, such as a breath or blood test, which is used to measure your actual blood alcohol concentration (BAC).
Are You Required to Perform Field Sobriety Tests?
No, you are not required to perform field sobriety tests in Virginia. There is no implied consent law for field sobriety tests, unlike post-arrest chemical testing (breath or blood). This means you are not legally required to submit to these tests, and there is no statutory penalty for politely refusing to perform them.
Are Field Sobriety Tests and Breath or Blood Tests?
No, field sobriety tests are not the same as breath or blood tests. Field sobriety tests are a set of voluntary, physical and mental tests used by police during a traffic stop to gauge impairment. They are often used to help an officer establish probable cause for a DUI arrest, while breath or blood tests are conducted after an arrest to measure a driver’s actual blood alcohol concentration (BAC).
Breath and blood tests are governed by Virginia’s implied consent law, which applies after a DUI arrest. Implied consent means that by driving on Virginia roads, drivers agree to submit to post-arrest chemical testing to measure blood alcohol concentration (BAC), and refusing those tests can result in separate legal penalties.
What Happens If You Decline Field Sobriety Tests?
If you decline a field sobriety test during a traffic stop, you will not receive a separate charge, fine or automatic penalty. However, an officer may consider your refusal along with other signs of impairment, such as slurred speech or blood shot eyes, when deciding whether to arrest you for DUI. A prosecutor may also mention your refusal in court as part of the overall case, but it cannot be used by itself to prove guilt.
What to Do If Asked to Take Field Sobriety Tests
If you are asked to preform FSTs and would like to decline, keep these tips in mind:
- Be calm and polite: Treat the officer respectfully to avoid escalating the situation.
- Clearly state your refusal: You can simply say that you choose not to participate in the tests.
- Avoid volunteering extra information: Stick to brief, factual responses and don’t offer explanations or excuses.
- Stay aware of your surroundings: Ensure you are standing safely and remain cooperative without performing the tests.
What to Do If Charged with a DUI in Virgina
If you are charged with a DUI in Virginia, taking the right steps immediately can help protect your rights and your future:
- Contact an experienced DUI attorney: An experienced traffic attorney at Driving Defense Law can explain your options, review the evidence, and represent you in court.
- Gather relevant information: Collect police reports, witness statements, and any evidence from the stop or arrest.
- Understand your court dates and deadlines: Missing important filings or hearings can hurt your defense.
- Follow legal advice carefully: Your attorney can guide you regarding chemical tests, plea options, or possible defenses.
