As a DUI defense law firm in Florida, we know that when people are in the midst of a DUI arrest, they feel that based on how law enforcement treats them that they are compelled to do field sobriety tests. That is not the case because field sobriety tests are optional. That means if you are arrested, you can choose not to do them.
Many people find that if the test that they are doing involves things that they have never practiced and are not very good at. Also, they are very nervous.
If you have been arrested for DUI, understand that a DUI field sobriety test is not mandatory, even though most law enforcement officers will not explain that to you. If you find yourself in this situation, you can ask the law enforcement officer, and they should truthfully explain to you that it is optional.
What Happens If You Don’t Do The Field Sobriety Tests?
Most of the time, if you refuse to do a field sobriety test, the officer will explain to you that he or she has to make a decision to arrest you, or not arrest you, based upon the evidence that they have collected so far.
For example if you are pulled over and show signs of intoxication like how you walk, talk, your speech, your eyes, the odor of alcohol, and more. Just because you refuse a field sobriety test, it is not a get out of jail free card. The tests are optional, but you should know and be informed that you do not have to do them, even if police say otherwise.
