Field Sobriety Tests: Your Options When Pulled Over for DWI

Attorney Tyson Mutrux describes in this video “Field Sobriety Tests: Your Options When Pulled Over for DWI”

Hi! Tyson Mutrux here with the Mutrux Law Firm. Today I want to talk about field sobriety tests and what options you have if you have been pulled over for DWI. Now when we’re talking about the field sobriety tests, we’re talking about the one-leg stand, horizontal gaze nystagmus (which is the eye test), and the walk and turn. Sometimes we’re also talking about the alphabet test or the number test; those are rarely used. We’re not talking about the breathalyzer; breathalyzer’s completely separate, and you’ll know why in a second.

So, what are your options? Well if you’ve been pulled over, obviously you can take the test. However, unlike the breathalyzer where it has the consequence of having your license suspended for a year if you refuse it, field sobriety test does not have that consequence, so you are free to refuse that test, and if it were me, I would actually refuse the test; especially it doesn’t matter if I was drinking or not; I would tell them, “Officer, you have no grounds to stop me. I don’t want to take the field sobriety test,” and they cannot suspend my license for that. There is no legal consequence. However, what they can do is that they can use that as a grounds to arrest me if there are other signs, if I’ve got bloodshot eyes, if I smell like alcohol. They put all those together and they come up with enough probable cause to arrest me; well, they can use that against me. However, that is not grounds to suspend your license, so you do have that option to refuse that.