What Happens If I Refuse To Perform A Field Sobriety Test In Indiana?
It is an offense to drive under the influence (DUI). In Indiana, DUI is also referred to as operating while intoxicated (OWI). If you are found to be operating a vehicle with a blood alcohol content (BAC) level of 0.08 percent or more, you are guilty of DUI/OWI. Unfortunately, being convicted of DUI/OWI can result in harsh consequences. After a police officer pulls you over on suspicion of DUI/OWI, they may ask you to perform a series of field sobriety tests. The results of these tests are used to help convict a driver of DUI/OWI. Many drivers have heard that it is best to refuse to perform field sobriety tests during a traffic stop. But is it really? Is refusing to perform a field sobriety test after getting pulled over the way to go? Read on to find out.
What Is a Field Sobriety Test?
Field sobriety tests (FSTs) are also called standardized field sobriety tests (SFSTs). FSTs or SFSTs are tests that help determine if a person is under the influence. SFSTs involve performing a series of tasks aimed at measuring if you have the physical and mental capability to operate a vehicle, such as multitasking, coordination, and balance.
According to the NHTSA, the following are the validated or standardized field sobriety tests;
- The Horizontal Gaze Nystagmus (HGN) Test: This test requires that you follow an object moving in front of your eyes with your eyes. If your eyes wander or if you can’t focus on the moving object, it is taken as a sign of impairment.
- The Walk-and-Turn Test: In this test, you are asked to walk in a straight line, stop when you reach the end, turn, and walk back the opposite way. If you don’t walk in a straight line, get dizzy, or walk too slowly, it may be taken as a sign of impairment.
- The One-Leg-Stand: This last test involves you standing on one leg for some time. For example, you may be asked to stand on one leg for 30 seconds. Putting your foot down, hopping, leaning, or stumbling, could be signs of impairment.
What Happens if You Refuse To Perform a Field Sobriety Test?
If a police officer pulls you over and asks you to perform a field sobriety test, as in any investigation, you have the right to refuse to cooperate. Even if you refuse to perform a field sobriety test, you could still be arrested, charged, and convicted, with DUI/OWI based on other evidence. Remember, you may still be asked to submit to a certified chemical test after refusing to perform a field sobriety test if the officer believes he has probable cause that you are under the influence.
Legal Help Is Available
If you have questions or need help with your DUI/OWI case, contact our experienced Indianapolis DUI & OWI lawyer at Rigney Law LLC.
Source:
nhtsa.gov/sites/nhtsa.gov/files/documents/sfst_ig_refresher_manual.pdf
