Roadside DUI tests are voluntary in Washington State. Whether it’s your first time being pulled over or you’ve tried these tests before, most folks are better off refusing them. These tests can be difficult to perform correctly under perfect environmental conditions. They’re even harder to pass when you’re nervous after being pulled over on a dark roadside that’s sloped for drainage with high speed traffic whizzing by.
The three main Standardized Field Sobriety Tests or FST’s used by law enforcement are:
- Horizontal Gaze Nystagmus – a test of your eyes,
- Walk and Turn – series of steps in a straight line, like a tight rope, tapping your heel to toe and a special type of turn in the middle, and
- One Leg Stand – balancing on one leg and counting out loud.
These tests require folks to remember multiple complex instructions and perfectly execute unnatural and unbalanced body movements.
These test are supposed to be voluntary. However, police camera footage of Spokane DUI arrests show officers making them coercive. They say, “Can you try some voluntary field sobriety tests so I can make sure you’re ok to drive?” This wording implies the driver must prove they’re “ok to drive” in order to avoid arrest. The fact that these tests are voluntary often gets lost in the pressure of the moment.
Despite what friends may say, you can be arrested for DUI if you refuse to perform FST’s. Some people think refusing the FST’s is some magic bullet. There are plenty of cases that have resulted in an arrest after refusing FST’s. Once law enforcement observes signs of alcohol or drug impairment, like slurred speech and poor dexterity, they have broad discretion to make a DUI arrest even without FST’s.
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. Fighting for You!