When you are pulled over in Kentucky on suspicion of DUI, you will likely be asked to perform or submit to tests. You may have heard that there are legal consequences for refusing some of the tests. This might cause you to submit to the tests to avoid the automatic penalties.
Refusals of chemical tests
However, the refusal penalties only apply to a chemical test, such as a blood or breath test. When you refuse to take a chemical test, your driver’s license is automatically suspended.
The driver’s license suspension occurs immediately, even while your DUI case is pending. This means that if your DUI charge is eventually dismissed, you are still prohibited from driving until that day. This Is called a pre-trial suspension.
The process of fighting a DUI charge can take several months. You must be prepared to go without a driver’s license for this time.
Additionally, a DUI conviction often comes with some jail time, even if it is only for a few days. Refusing to take a chemical test does typically not prevent you from facing jail time or other penalties.
When it comes to chemical tests, the choice is up to you. Field sobriety tests are another story. It is generally in your best interest to refuse to take field sobriety tests.
Why? For many reasons. First, there are no automatic legal penalties for failing field sobriety tests like there are with chemical tests. Your driver’s license will not be automatically suspended nor will you automatically be hauled to jail.
Second, field sobriety tests are unreliable. They do not always accurately determine whether a person is impaired.
What do field sobriety tests involve?
Field sobriety tests are a series of tests designed to measure your balance, coordination and memory. The National Highway Traffic Safety Administration recognizes three standard field sobriety tests recognized by the National Highway Traffic Safety Administration: the horizontal gaze nystagmus test, the one leg stand and the walk and turn.
The horizontal gaze nystagmus test requires you to follow an object, often a beam of light, with your eyes while not moving your head. The one leg stand requires you to stand on one leg until the police officer tells you to stop. The walk and turn involves walking heel-to-toe in a straight line for nine steps, then turning around and walking back for nine steps.
There are other types of field sobriety tests you could be asked to perform, such as reciting certain letters of the alphabet or counting backwards from 100.
Many people are anxious after being pulled over for DUI even if they are sober. This can cause failed field sobriety tests.
Although in this situation a later chemical test that shows no evidence of intoxication would likely result in a dismissed DUI charge, a failed field sobriety test would still provide probable cause for an officer to make an initial arrest and issue a DUI charge.
This means that you could end up being arrested and spending a night in jail because an officer mistook your nervousness for intoxication.
How to refuse field sobriety tests
Saying no to field sobriety tests can potentially prevent this nightmare scenario. Say no firmly but politely. The officers should not keep asking you. They should accept your refusal.
If you find yourself arrested based on some other form of probable cause, you must take a DUI charge seriously and start preparing your defense.