Most Rochester drivers are probably aware that refusing to take the breath test after being stopped for drinking and driving will result in the driver losing his or her driver’s license.
Many people, however, do not know their rights if a police officer asks them to perform field sobriety tests – such as reciting the alphabet or walking a straight line.
A driver under investigation for drinking and driving has a right to refuse the request of a police officer to perform field sobriety tests.
While refusing to take a breath test will result in the loss of driving privileges and substantial fines, there are no such penalties imposed for refusing to take field sobriety tests.
As a result, there are no direct consequences to a driver who simply states that he or she will not perform the field sobriety tests.
This does not mean, however, that refusing to take field sobriety tests will have absolutely no impact on the driver’s case.
At trial, the prosecutor usually will seek to have the fact that the defendant declined to perform any field sobriety tests admitted as evidence with the inference that the defendant had a guilty state of mind when he or she declined to take the field sobriety tests.
In other words, the prosecution will wish to use the refusal to imply that the defendant would not take the field sobriety tests because the defendant knew he or she was too intoxicated to pass them.
In this situation, it is helpful to have an experienced DWI lawyer who will look into all the circumstances surrounding the request to take the field sobriety tests and the defendant’s refusal to do so.
If you have been arrested for drinking and driving and need legal help, we can be reached at 585-484-7432.