How to Report Physical Conditions That Interfere with a Field Sobriety Test
Remain calm and comply with the officer., Tell the officer you aren't willing to take a field sobriety test., Explain your reasons., Understand that this may mean a trip to the station.
Step-by-Step Guide
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Step 1: Remain calm and comply with the officer.
Anytime you're pulled over, avoid making the situation confrontational from the start.
Remind yourself that the officer is simply doing their job.
Avoid saying or doing anything that makes the officer feel threatened.Generally, things will go more smoothly if you treat the officer with respect.
If you have questions to ask, try to do so in a non-confrontational manner.
For example, you might say "Excuse me, officer, but I was wondering if you could explain why you pulled me over?" Avoid implying that the officer is picking on you, or insisting that you did nothing wrong.
If you don't understand the officer's answer, simply say you don't understand and ask for clarification.
This is less antagonistic than saying something like "That doesn't make any sense!" You also want to caution anyone in your car to remain calm as well.
Remind them not to make any sudden movements or act disrespectful. -
Step 2: Tell the officer you aren't willing to take a field sobriety test.
The officer may ask you in such a way that makes you think you have no choice.
However, you are within your rights to refuse to take a field sobriety test.If the officer asks you to step out of the car, you should comply with this request.
However, if the officer indicates that they want you to perform field sobriety tests, you can say no.
Keep your refusal direct and respectful.
For example, you might say "I understand field sobriety tests are voluntary.
I don't feel comfortable completing those exercises right now." The officer may phrase the question in such a way that you can simply say "no." If that's an option, that's all you need to say. , Let the officer know of any physical conditions that you believe will interfere with the field sobriety test.
If the officer is willing to make arrangements to eliminate the problem, you can choose whether to take the field sobriety test at that point.When you tell the officer you're not willing to take a field sobriety test, they may ask you why.
This gives you the opportunity to explain yourself.
Be honest with your reasons.
It can harm your case later if you say something that turns out to be untrue.
For example, if you say you have an inner-ear infection that affects your balance when you don't, you appear dishonest and untrustworthy.
The officer may press you on why you believe the condition will interfere with the field sobriety test, or otherwise try to pressure you into taking the test.
Remember that you are within your rights to refuse, regardless of what the officer says.
This also is true if the officer provides a way to eliminate the condition.
For example, if you don't believe you can walk heel-to-toe in a straight line because you're wearing heels, and the officer says you can remove your shoes, you still can refuse.
It's okay if you don't want to walk barefooted on the public street. , If the officer is convinced that you are drinking and driving and you won't take a field sobriety test, the officer may decide to arrest you.
Once at the police station, you will be given a blood test to measure your blood-alcohol level.Instead of field sobriety tests, the officer may decide to give you a breathalyzer.
Or they may decide to arrest you and administer a blood test at the station.
Keep in mind that even before you're formally arrested, you have the right to remain silent.
The officer may ask you questions to determine where you were before you were pulled over, or what you were doing.
You do not have to answer these questions – and shouldn't if you're worried the answers will incriminate you.
For example, if you are returning with a bar where you went to celebrate a friend's birthday, don't tell the officer that.
Understand that you aren't being arrested for refusing to attempt a field sobriety test.
You have the right to refuse.
The officer must have some other reason (also known as "probable cause") to believe you are driving under the influence before they can arrest you. -
Step 3: Explain your reasons.
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Step 4: Understand that this may mean a trip to the station.
Detailed Guide
Anytime you're pulled over, avoid making the situation confrontational from the start.
Remind yourself that the officer is simply doing their job.
Avoid saying or doing anything that makes the officer feel threatened.Generally, things will go more smoothly if you treat the officer with respect.
If you have questions to ask, try to do so in a non-confrontational manner.
For example, you might say "Excuse me, officer, but I was wondering if you could explain why you pulled me over?" Avoid implying that the officer is picking on you, or insisting that you did nothing wrong.
If you don't understand the officer's answer, simply say you don't understand and ask for clarification.
This is less antagonistic than saying something like "That doesn't make any sense!" You also want to caution anyone in your car to remain calm as well.
Remind them not to make any sudden movements or act disrespectful.
The officer may ask you in such a way that makes you think you have no choice.
However, you are within your rights to refuse to take a field sobriety test.If the officer asks you to step out of the car, you should comply with this request.
However, if the officer indicates that they want you to perform field sobriety tests, you can say no.
Keep your refusal direct and respectful.
For example, you might say "I understand field sobriety tests are voluntary.
I don't feel comfortable completing those exercises right now." The officer may phrase the question in such a way that you can simply say "no." If that's an option, that's all you need to say. , Let the officer know of any physical conditions that you believe will interfere with the field sobriety test.
If the officer is willing to make arrangements to eliminate the problem, you can choose whether to take the field sobriety test at that point.When you tell the officer you're not willing to take a field sobriety test, they may ask you why.
This gives you the opportunity to explain yourself.
Be honest with your reasons.
It can harm your case later if you say something that turns out to be untrue.
For example, if you say you have an inner-ear infection that affects your balance when you don't, you appear dishonest and untrustworthy.
The officer may press you on why you believe the condition will interfere with the field sobriety test, or otherwise try to pressure you into taking the test.
Remember that you are within your rights to refuse, regardless of what the officer says.
This also is true if the officer provides a way to eliminate the condition.
For example, if you don't believe you can walk heel-to-toe in a straight line because you're wearing heels, and the officer says you can remove your shoes, you still can refuse.
It's okay if you don't want to walk barefooted on the public street. , If the officer is convinced that you are drinking and driving and you won't take a field sobriety test, the officer may decide to arrest you.
Once at the police station, you will be given a blood test to measure your blood-alcohol level.Instead of field sobriety tests, the officer may decide to give you a breathalyzer.
Or they may decide to arrest you and administer a blood test at the station.
Keep in mind that even before you're formally arrested, you have the right to remain silent.
The officer may ask you questions to determine where you were before you were pulled over, or what you were doing.
You do not have to answer these questions – and shouldn't if you're worried the answers will incriminate you.
For example, if you are returning with a bar where you went to celebrate a friend's birthday, don't tell the officer that.
Understand that you aren't being arrested for refusing to attempt a field sobriety test.
You have the right to refuse.
The officer must have some other reason (also known as "probable cause") to believe you are driving under the influence before they can arrest you.
About the Author
Jacqueline Murray
Experienced content creator specializing in creative arts guides and tutorials.
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