“Can I refuse a DUI field sobriety test?” is one of the most commonly asked questions in criminal law. There are many theories floating around; however, the legal team at The Law Offices of Katzman, Logan, Halper and Bennet, LPA advise ignoring them. The truth is that, legally, you’re allowed to refuse a field sobriety test and even a Breathalyzer. It’s about knowing when and why, as well as the consequences.

When a police officer suspects you’ve been drinking, they conduct a DUI field sobriety test. This consists of coordination activities to test if you’ve been drinking. Here are a few reasons to consider refusing the test:

• You Haven’t Been Drinking: The field sobriety test is completely subjective; however, even if you haven’t been drinking, an officer can claim some form of intoxication and arrest you for a DUI. Rather than thinking, “I haven’t been drinking, so I can’t get in trouble,” turn the test down. A Breathalyzer will prove you haven’t been drinking and the police officer will have no grounds to arrest you.
• You’re on Medication: A common side-effect of many medications is a lack of coordination. While this won’t affect your driving, it could affect complex physical tasks. Even if you’ve only had one drink, your balance could be off, and the skills a field sobriety test requires can be difficult for anyone. If you know you’re under the legal limit and safe to drive, politely reject the test. You also reserve the right to reject a Breathalyzer.
• You Have an Injury: Hopping on one leg, walking a thin line and other field sobriety test components can be difficult, even for sober people. If you have an injury related to sports or exercise, avoid the test. Restricted motion may cause you to fail the test, and a police officer can claim it’s because you’re intoxicated. If you aren’t guilty of a DUI, respectfully decline.

Refusing a field sobriety test can result in legal complications, which is why you should turn to a DUI attorney at The Law Offices of Katzman, Logan, Halper and Bennet, LPA. They’ll work closely to protect your rights and offer comprehensive services to help you build an effective case. Call (513) 793-4400 to schedule a consultation, and visit the website and like the Facebook page to learn more about the divorce and personal injury services offered.