Whether you have consumed alcohol or not, sometimes police officers might stop you and ask you to perform three different types of field sobriety tests if they suspect you are driving under the influence. These consist of three mental and physical tests designed to gauge a person’s balance, coordination, reaction speed and ability to think.
Such tests include the Walk-and-Turn test, the One-Leg Stand test and the Horizontal Gaze Nystagmus test which is also known as the eye test. Sometimes you might want to refuse these tests if you have lingering injuries or disabilities, the weather is harsh, you are in a hurry or if you are adamant that you have not consumed alcohol.
Are you allowed to refuse a field sobriety test?
All three field sobriety tests are voluntary. This means you are free to refuse them without worrying about a DUI charge or having your license suspended. Bear in mind that refusing to take these tests will have weight in court as potential evidence of impairment.
You can also refuse a breath test, but doing so comes with serious risks due to implied consent laws. The court can use your refusal to do a breath test against you. If you do follow through with the breath test and the results are positive, an officer can ask you to undergo a chemical test, which is much more serious and holds more weight in court with regards to potential DUI charges.
While it is technically possible to refuse a chemical test in South Dakota, doing so comes with serious consequences because the court can use your refusal against you. Similarly, refusing a chemical test after an arrest leads to an immediate, automatic driver’s license suspension for one year.
What happens if you refuse a field sobriety test?
Refusing a field sobriety test does not come with automatic penalties, but it will be much more difficult to defend yourself in court if an officer arrests you for DUI. The police typically request for field sobriety tests to confirm their suspicions that you are driving under the influence. Choosing not to undergo such tests is not an admission of guilt, but it will likely raise an officer’s suspicion and the court can use your refusal as evidence against you.