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Field Sobriety Tests

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Do I Have to Submit to Field Sobriety Tests?

No, you do not have to submit to field sobriety tests. What most people don’t know is that these tests are not mandatory, but can lead to your arrest and add to the evidence stacked against you. If you are not educated on your rights, law enforcement officials may use the results of the tests to justify your arrest and to accumulate evidence to be used against you in court or at the DMV.

You do have rights when asked to submit to a field sobriety test and it is often in your best interest to exercise these rights. Since the officer is typically only looking for evidence to back up his or her decision to arrest you, this does not give you good reason to submit.

If you would like to speak with a Los Angeles DUI attorney who is dedicated to your needs and is available to you 24/7/365, please contact our office at (888) 973-0209.

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Working with the Law Offices of Scott R. Spindel means you work directly with a qualified, experienced, and skilled defense lawyer who is completely devoted to helping you get the results you need. To discuss your criminal or DUI defense case, or to learn which steps to take, schedule a confidential consultation today.

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  • Frequently Asked Questions

  • How accurate are field sobriety tests?

    Field sobriety tests are highly subjective in nature and designed for failure. The tests are designed to evaluate your “divided attention” abilities, which are important skills when operating a vehicle. However, these tests can be difficult for even a sober person to complete perfectly, and whether you pass or fail is based on the officer’s discretion.

  • Can I refuse to take field sobriety tests?

    Yes! While California law requires you to submit to chemical testing (breath tests, urinalysis, and blood tests), you do NOT have to submit to field sobriety testing. However, the officer will not tell you that you can refuse, and will use the results of the tests as evidence that you were drunk driving. It is your right to politely refuse to take any field sobriety tests.