Utah Field Sobriety Tests Are Voluntary
When a police officer or member of the highway patrol suspect someone of driving while under the influence of alcohol or other substance they attempt to test the driver by some sort of test. Although there are chemical tests like breathalyzers or urine tests to show if the person is actually committing a DUI, the initial tests the officer uses will establish probable cause to arresting you. This is important because without probable cause before the arrest, any other test given later will not be able to be used as evidence against you in court. Although these field sobriaty tests are not always accurate they are accurate enough to establish probable cause and allow more conclusive tests to solidify any charge against you.
Types of Field Sobriety Tests
Often Officers use tests which have been approved by the National Highway Traffic and Safety Administration which does research in the best ways for a trained officer to discover if the driver is under the influence of some substance. These tests are called the Standardized Field Sobriety Tests and included
1. The walk and turn test
2. The one-legged stand test
3. The HGN (Horizontal Gaze Nystagmus) test
Non-Standardizes Field Sobriety Tests are also sometimes used and these include having the driver do things like saying the alphabet, standing with their feet together and head tipping back, counting backwards or closing their eyes and touching their finger to name a few. Even if you submitted to a Field Sobriety Test of some sort an experienced attorney like those at the law firm of Provo DUI Defense can still defend your case against a DUI charge.
You Do Not Need to Submit to a Field Sobriety Test
A driver does not need to submit him or herself to a field sobriety test. The officer can arrest you for this refusal, but without this test the state’s case for a DUI against you will fail. Without the probable cause established by a field sobriety tests by the arresting officer, the state’s DUI case against you will not hold up in court. Don’t make the prosecution’s job easier by submitting to one.
If you or someone you know is suffering from a DUI citation or arrest contact a qualified attorney like those at Provo DUI Defense to help you get your life back together. We have helped many in the same situation as you and can help you.
