So, here’s the scenario. You’ve been drinking with friends and got in your car to drive home. Then, you’re pulled over. A police officer asks you to take a field sobriety test, and you’re now worried that you’ll be arrested for DUI if you fail it.
There are steps you can take to protect your rights if you’re in this situation. In this article, our experienced Virginia DUI lawyers at The Wilson Law Firm explain how to handle a request to take field sobriety tests and how we can assist you if charged with DUI.
What Are Field Sobriety Tests in Virginia?
In our commonwealth, law enforcement uses three field sobriety tests (FTS) when they stop a motorist who they suspect is intoxicated:
- Horizontal gaze nystagmus. For this test, an officer has the individual follow a small object with their eyes while the officer moves it from side to side. If their eyeballs jerk, it may be a sign of intoxication.
- One leg stand. When performing this test, the driver must raise one foot about six inches from the ground and count to 30. The police officer watches to see if they sway, use their arms to keep their balance, or hop on one foot.
- Walk and turn. This test requires the motorist to walk in a straight line, heel-to-toe, for nine steps, turn, and repeat walking for nine steps. They could fail the test if they use their arms for balance, lose their balance, or fail to follow the officer’s instructions.
What Should You Do If Police Pull You Over and Ask You to Take a Field Sobriety Test?
The actions you take can impact whether you’re convicted of DUI under Virginia Code § 18.2-266. Here are what our DUI lawyers recommend if you’re asked to take a field sobriety test:
- Stay calm. Be reserved and cooperative. If you argue with the police or don’t follow their instructions, you could be charged with a more serious crime, such as resisting arrest, or put yourself in a life-threatening situation.
- Remain silent. You must provide the officer with your name, address, driver’s license, and proof of insurance. Besides providing this basic information, you should exercise your right to remain silent and not make statements that could be used against you.
- Don’t agree to a FTS. While you can’t refuse a breathalyzer test, you can politely tell law enforcement that you decline to take a field sobriety test. These tests are voluntary in Virginia, and your refusal to take one shouldn’t be used against you.
Finally, retain an attorney. Contact our skilled DUI/DWI legal team immediately if you’re arrested, especially if you took a field sobriety test. Our lawyers will raise your defenses, including challenging the field sobriety test results. For example, we may be able to establish that the police failed to use the proper procedures when administering the tests, or that a medical condition or medication affected the results. Throughout your criminal case, we’ll fight hard to get the DUI charges dropped or reduced to a more minor offense.