Roadside DUI tests or Field Sobriety Tests (FST’s) are supposed to be voluntary. Even if you refuse them, law enforcement can still arrest you for DUI if they observe other signs of alcohol or drug impairment. Recently, a high profile Spokane Resident was arrested for DUI. The initial reports said FST’s were refused at the roadside, but that person was still arrested for DUI.
Law enforcement often refer to these tests as voluntary Standardized Field Sobriety Tests. In police camera footage from Spokane DUI arrests we often hear officers say, “Would you like to do some voluntary field sobriety tests so I can make sure you’re ok to drive?” Unfortunately, the fact that these tests are voluntary gets lost in the pressure of the moment. The above wording implies law enforcement will arrest the driver unless they prove you’re “ok to drive” by performing balance, agility and memory tests on the side of the road.
Most folks who are under investigation for DUI are better off refusing these roadside tests. These tests are designed to measure one’s ability to perfectly remember and simultaneously execute multiple complex instructions. They also test a driver’s ability to balance and their agility. These tests are difficult to perform correctly even when they’re attempted just for fun under perfect environmental conditions. They’re even harder when on a sloped roadside in the dark with high speed traffic whizzing by.
If you or someone you care about have been accused of an alcohol or drug DUI, regardless of whether FST’s were attempted then contact Cooney Law Offices today. We can help!