Refusing To Take Field Sobriety Test

If you have been pulled over on suspicion of drunk driving, the police may have asked you to complete one or more roadside field sobriety tests. Whether you agreed to take these tests or refused, you may be wondering how your decision will impact your DUI defense case.

At The Law Offices of Michael L. Davidson, our San Mateo field sobriety test refusal attorneys can help you understand your rights and your options. Our firm has aggressively defended thousands of clients against DUI charges over the course of more than 40 years. Call us today at 650-573-8000 to get your free consultation with our DUI attorney.

Understanding Your Rights When Asked to Take Field Sobriety Tests

The standard field sobriety tests are the one-leg stand, the walk-and-turn, and the horizontal gaze nystagmus (HGN). Some officers may also ask people to take additional, non-standard tests. All of these tests are questionable in terms of their ability to identify DUI behavior.

Unlike chemical tests, field sobriety tests are not mandatory. There are no criminal or driver’s license penalties for refusing to complete any of the field sobriety tests.

Some prosecutors try to argue that the only reason people refuse field sobriety tests is because they know they are guilty of DUI. However, there are many other good reasons for refusing, including concerns about whether the police will record the results correctly.

Pursuing a Positive Outcome, Whether You Took the Tests or Not

While every case is unique, our firm generally advises clients to refuse field sobriety tests, as well as preliminary roadside breath tests. The worst that will happen if you refuse a field sobriety test is that you will be arrested, which is almost certainly going to happen anyway.

Contact Our DUI Lawyers Today!

Our DUI attorneys proudly represent clients throughout the entire Bay Area including these cities on the Peninsula:

  • San Mateo
  • Redwood City
  • Foster City
  • San Bruno
  • South San Francisco
  • Palo Alto
  • Burlingame

Whether you refused the field sobriety tests or need help challenging the results, our criminal defense lawyers have the experience and dedication to pursue the best possible outcome. Call us at 650-573-8000 or send us an e-mail to schedule a free consultation.

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The Law Offices of Michael L. Davidson
411 Borel Avenue
San Mateo, CA 94402

Phone: 650-573-8000
Fax: 650-345-9875
San Mateo Law Office