If someone a driver gets pulled over by law enforcement, and the police officer has reason to suspect that the person is drunk or under in the influence of drugs, then he or she may ask a driver to perform field sobriety tests. While the results of these tests are often easier to combat in court than chemical tests are, a court may consider field sobriety tests to be accurate enough when an officer follows procedure. Read on to learn more about a few typical field sobriety tests and how you can refuse them.

Every field sobriety test is meant to determine whether or not a driver is under the influence. These tests can include being asked to stand on one leg while you count to 30. The officer might request that you take nine steps along a straight line then turn around to retrace those steps. Perhaps you will be asked to perform the Horizontal Gaze Nystagmus Test, which is where you will be asked to follow the movement of a pen with your eyes. In some cases, a police officer may tell you to say the alphabet backwards, to count down from 100, or to give the date that you turned six years old. Not every state will admit the verbal tests in court testimony, however.

Then there might be a roadside breath test. This is not the same as the chemical test that would be conducted at a police station (which utilizes a Breathalyzer). This roadside test is sometimes called a preliminary test; the officer is trying to see if there is alcohol on the driver's breath, which could indicate that it is present in the bloodstream as well. A driver has to blow into the device, and if it reads that the breath alcohol content is above the legal limit, the officer can arrest that driver. Other chemical tests such as breath and blood tests at the station would be likely to follow. The roadside test results, however, will probably not appear in court, as this device is inferior to the Breathalyzer.

So which tests can you refuse? It will depend on the state. In most places, you reserve the right to refuse any field sobriety tests, and there should be no adverse consequences from this, except for the fact that an officer may think that you are hiding something and keep probing. A prosecutor (in many states) can bring up your refusal to perform these tests, and this could sway a judge or jury against you. When considering whether or not to perform a field sobriety test, in many states you do not have the luxury of contacting an attorney first. You have to choose on your own.

There may be reasons for refusing a field sobriety test, however. Perhaps you are naturally uncoordinated, or you have a medical condition that could skew the test results. Whatever the reason, if you have a strong one, you can refuse the tests, but you should probably do so courteously.

What about the roadside breath test? This will also depend on the state, but in many states, this roadside test is lumped into the same category as other chemical tests. If you refuse one of these tests, your driver's license can be revoked or suspended. If you have a driver's license, you have implied your consent to take chemical tests upon request from law enforcement.

If you have refused a chemical test and lost your license, or if you are faced with DUI charges, then fight these now. You do not have time to lose. Contact an experienced DUI attorney who can provide a fierce defense of your full rights.