When you are stopped for a DWI/DUI, the officer will ask you to perform certain tests if he or she believes you have been drinking or using drugs. These tests are generally referred to as field sobriety tests. If you have not been drinking, you may wish to perform these tests. It is important to note, however, that some people have trouble performing these tests even when they are not under the influence of drugs or alcohol.
There are a variety of factors that can impact the validity of the field sobriety tests such as weight, medical conditions, age, etc. While some officers are well trained in the administration of these tests, many officers do not have the training and experience to properly administer them, which can result in incorrect findings. You will not know if the officer who has stopped you knows how to correctly administer the tests. As such, it is better to refuse to perform the tests.
We also recommend that you not consent to any requested specimen collection (blood or breath) unless you are absolutely sure that you are not under the influence of drugs or alcohol. This is because the machines and mechanisms for reading specimen results are not infallible.
Ask to be allowed to consult with an attorney during the DWI/DUI stop. While you do not have a right to consult with an attorney, you cannot be forced to take any field sobriety tests.
Finally, we recommend that you refuse to answer any questions or make any statements if you have been arrested. Anything you say will be used against you in court.