Field Sobriety Tests (FST) are standard tests used by law enforcement officers to determine whether a driver suspected of drunk driving is intoxicated or sober. South Carolina drivers have a right to refuse an FST. However, how smart is it to refuse an officer’s request?
The National Highway Traffic Safety Administration (NHTSA) approves three field sobriety tests: walk-and-turn, horizontal-gaze nystagmus, and one-leg stand. A South Carolina DUI lawyer describes why people refuse such tests, the legal consequences, and other factors that can gravely impact your life.
Emotions can run high for drivers during a DUI traffic stop. Fear, confusion, or anger can contribute to your decision to refuse a field sobriety test.
In some cases, a decision to refuse a DUI field sobriety test may not be a spur-of-the-moment decision but rather the outcome of a personal belief. Regardless of when someone decides to refuse a field sobriety test, the reasons often involve:
Drivers may know that field sobriety tests are voluntary and not mandatory. Refusing is your right; however, you should do so in a polite and respectful manner. Do not give a prosecutor additional ammunition against you before a judge.
There are no legal consequences for refusing a field sobriety test in South Carolina. However, there are legal consequences for refusing a breath, blood, or urine test.
South Carolina’s implied consent law applies to issuing a state driver’s license. Anyone driving is considered to have given consent for specific testing for alcohol and/or drugs. Refusal to take a breath, blood, or urine test can result in an automatic 90-day suspension of your driver’s license. The penalty is longer if you have prior alcohol or drug-related convictions.
Refusing a field sobriety test may not result in losing your license. Your refusal to participate in field sobriety testing is your only opportunity to refuse alcohol testing without legal consequences.
South Carolina drivers stopped for suspicion of DUI should proceed cautiously when it comes to alcohol testing refusal. Limiting your refusal to field sobriety tests only and participating in breath, blood, or urine testing is best for avoiding legal consequences.
There are pros to refusing a field sobriety test. For one, nothing ventured, nothing gained; if you do not do the test, then you cannot fail.
Test refusal can also prevent officers from collecting evidence to use against you in court. Field sobriety tests are known as being subjective and unreliable.
Just one drink can impair your ability to perform a test correctly but not impair you enough to drive. An officer may pressure you to take the tests. Keep your cool and remember the pros of refusal.
When a police officer asks you to undergo a field sobriety test, there are cons of a refusal. Your refusal to submit to a field sobriety test can label you as difficult and as someone with something to hide. Chances are, if the officer smells alcohol on your person or observes intoxicated behavior, their plans are most likely to place you under arrest for DUI with or without the field tests.
A prosecutor may use your refusal against you in court. Anyone refusing a field sobriety test should do so politely and firmly, then immediately contact a DUI attorney.
Field sobriety tests are typically challenging to do even when sober. Under certain conditions, the tests are downright difficult for drivers to complete. Unlit country roads, busy highways, or poorly maintained roads may make a field test unsafe. One misstep can cause a driver to fall, resulting in severe injuries due to a hillside or passing vehicle.
Medications and specific health conditions may also serve as viable reasons for refusal. Poor balance along a roadside can result in a failed test when the real cause is health or medication-related—not alcohol-related.
Trust your gut if you are unsure whether you should refuse a sobriety field test. Refuse to take the tests. Instead, ask to take a breath, blood, or urine test, as required by South Carolina implied consent law.
Drivers may ask for alternative field tests due to a disability or can request to go directly to the jail for testing approved by implied consent laws. Drivers may also request the opportunity to contact an attorney.
Whether or not to refuse a field sobriety test is a personal choice. While you have a right to refuse, doing so can label you as uncooperative by officers and a prosecutor.
At Whalen Montalvo Attorneys at Law, we support clients who refuse a field sobriety test. We know that their refusal may have protected them by limiting evidence other than the required testing.
James Whalen and Eric Montalvo have solid backgrounds, skills, and experience with DUI cases of all types. Each attorney works hard on behalf of clients to secure dropped charges, reduced charges, or other best outcomes.
If you were recently arrested and charged with DUI, contact Whalen Montalvo Attorneys at Law for help. Call (864) 770-7710 today to schedule your free consultation.
I grew up right here in Greenville, South Carolina. Following highschool, I attended Rhodes College in Memphis, Tennessee, where I was an NCAA Scholar-Athlete for the Rhodes Lynx soccer program.
I completed my law degree at University of South Carolina School of Law, where I was on the mock trial team and an editor for the Journal of Law and Education. Following graduation, I served as a judicial law clerk for Senior Judge Robert H. Hodges, Jr. on the Court of Federal Claims in Washington, D.C. My experience in D.C. trial courts solidified my desire to become a trial lawyer.
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