If you have been stopped by the police on suspicion of driving while under the influence (DUI) of alcohol or drugs, the officer will likely ask you to perform a field sobriety test. These tests are intended to help law enforcement agents determine whether a driver is a risk on the road. Please continue reading to learn whether you can refuse to submit to field sobriety testing in South Carolina and why connecting with a skilled Chesterfield County DUI Lawyer is in your best interest.
How Does a Field Sobriety Test Work?
Field sobriety tests are standardized tests that are utilized by law enforcement agents during traffic stops to determine whether an individual is operating a motor vehicle while under the influence of drugs or alcohol. Essentially, it involves a series of tasks that evaluate a driver’s physical and cognitive abilities.
- The walk-and-turn test: This is one of the components of the tests used in field sobriety assessments to examine the driver’s balance, coordination, and ability to follow instructions. The officer will ask you to walk in a straight line, heel-to-toe, for nine steps. You will then be asked to turn around and walk back in the same manner.
- One-leg stand test: The police officer will ask you to stand on one leg with the other leg raised approximately six inches off the ground. In addition, you will be asked to count out loud until told to stop. The officer will assess whether you are swaying while trying to balance, hopping or using your arms in an attempt to maintain balance, or putting the non-weight-bearing foot down. If you can’t perform this test, it’s likely because your critical abilities are impaired.
- Horizontal gaze nystagmus test: The police officer will ask you to follow a moving object with your eyes without moving your head. If your eyes jerk when following the object, your eyes move before the object does, or your eyes cannot follow the object smoothly, it’s likely because you are intoxicated.
Officers in South Carolina are required to follow specific procedures when administering field sobriety testing to ensure accuracy and fairness. They will begin with an initial observation of the driver’s behavior for any indications of impairment. From here, they must explain each test clearly and demonstrate the tasks to be performed. Officers must carefully observe the driver’s performance of these above-mentioned tasks, noting any deviations that could indicate intoxication.
Should I Submit to These Tests?
Unlike chemical testing, in which if you refuse to comply with an officer’s request you will face significant legal repercussions, you have the right to refuse to submit to field sobriety testing. While refusing won’t carry a direct legal penalty, it can arouse suspicion. The officer may decide to further their DUI investigation by conducting testing to evaluate your blood alcohol levels. This means if you are over the legal limit, it could provide them with enough evidence to place you under arrest. As such, you may decide to submit to the tests. However, if you fail, you will be arrested and the results of the field sobriety test can be used against you in court.
As you can see, there are various implications associated with submitting or refusing field sobriety tests in South Carolina. If you have been charged with DUI, please don’t hesitate to contact a trusted attorney who can help you understand your rights and legal options. Connect with our dedicated legal team today to determine the best course of action for your situation.
