Video Resources

What Happens If I Decline Field Sobriety Testing?

What Happens If I Decline Field Sobriety Testing?

Answer

This video discusses why a driver may choose to decline field sobriety tests, emphasizing that nervousness, physical limitations, or confusion can lead to poor performance even when the person is sober. The attorney questions relying on those results alone as evidence of impairment.

Field sobriety tests are presented as tools for assessing whether a driver is impaired by alcohol, drugs, or both. The video emphasizes the possibility of poor performance by a sober person.

Nervousness, physical limitations, and confusion can all affect the ability to follow instructions or perform the exercises. An officer may interpret that performance as impairment even when another explanation exists.

Those concerns are relevant when evaluating field sobriety tests and the attorney’s discussion of declining them.