Being pulled over for DUI is a stressful and scary experience. A DUI in Missouri comes with serious penalties that you cannot afford, including loss of your driver’s license and potential jail time.
Police officers need probable cause to arrest you for DUI. One of the easiest ways for them to obtain probable cause is through a failed field sobriety test.
Field sobriety tests are designed to measure your balance, memory and coordination. There are several types of field sobriety tests police can use to measure impairment.
Three standardized field sobriety tests
The National Highway Traffic Safety Administration uses three official tests. The horizontal gaze nystagmus test requires you to follow an object with your eyes without moving your head.
In the walk and turn test, you must walk for nine steps, then turn around and repeat the steps. The one leg stand test requires you to stand on one leg until an officer tells you to stop.
Field sobriety tests are inherently unreliable and generally do not accurately measure impairment from alcohol. Many people fail the tests simply out of nervousness.
Additionally, many people automatically say yes when asked to take the tests because they do not know they have a legal right to refuse. When you are pulled over for DUI, you should provide the police with your name, license and vehicle documentation.
Other than that, you are under no legal obligation to say or do anything else. Never admit to consuming alcohol. When the police ask if you would mind performing field sobriety tests, say no.
How to properly refuse
Be polite and respectful in your refusal but make your refusal clear and firm. The police should stop asking you to take the tests once you refuse, although this may not always happen. Continue to decline.
The same right does not apply to chemical testing, such as a breath test. While you can refuse this test, there are penalties. You will automatically lose your driver’s license for one year.