Why You Should Not Take Field Sobriety Tests
KH: Hi, I am attorney, Kevin Hayslett, and I am here with DUI professional, Charlie Smith. Charlie, the question I have is if you have been pulled over under suspicion of DUI and the law enforcement officer asks you to take a roadside field sobriety test, is it in your best interest to go ahead and do those field sobriety tests?
CS: In my opinion, no. It is not in your best interest. If the officer says that they are voluntary then there are no penalties attached to them. If he does not and says I want you to take these tests, then he may advise you that your refusal to do them may be used against you in court. I do not do legal research but there is a case out there that states that. My recommendation is not to do it. Why give them evidence that can ultimately be used to convict you in court? With no evidence, they have no case.
KH: So if you have been pulled over, it is not in your best interest to take the test?
CS: In my opinion, no. They are designed for failure. Basically, a person is going to fail these tests no matter what.
KH: Regardless of how coordinated they are?
CS: Exactly, they are going to fail the test for whatever reason that comes along. If they have physical problems, mental problems, etc., all of that can affect the person’s ability to do the test.
KH: So if you have been pulled over for suspicion of DUI and you have been asked to take a roadside field sobriety test, the best thing to do is not take the test because they are designed to fail and it will not help you in your case.
- Kevin Hayslett, P.A. and DUI professional, Charlie Smith
The criminal defense attorneys at Carlson, Meissner, Hart & Hayslett, P.A. are fighting for our clients rights in criminal defense and DUI cases in Clearwater, Tampa, Bradenton, Spring Hill, Pinellas, Pasco, New Port Richey, Manatee, Hillsborough and Hernando Counties in Florida.
Se Habla Español.
Kevin Hayslett, Esq.
J. Kevin Hayslett is an attorney practicing in the areas of Criminal Defense and DUI Defense from the Clearwater office and Hillsborough office and is considered Tampa Bay's "Attorney to the Stars". Kevin is an avid tennis player and is currently nationally rated in singles and doubles. You can follow Kevin on Google+, or on Radio IO on his show, "Kevin's Law". Kevin can also be heard on the Sirius Satellite Radio show during the "Ask the Lawyer" segment, which can be heard the first Thursday of every month.