Can I refuse a field sobriety test?
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Can I refuse a field sobriety test?

On Behalf of | Nov 7, 2022 | Criminal Defense |

DUI stops are a scary experience. However, you still have certain legal protections that might help your situation. For example, you might believe you must perform a field sobriety test when a police officer asks you to. This is not necessarily the case.

Continue reading this article before you make a mistake that costs you. According to Florida Legislature, a first conviction might land you six months in prison, depending on the severity.

Refuse field sobriety tests

No Florida statutes require you to submit to a field sobriety test. In almost every scenario, politely refusing the test is in your best interest. The various tests that police officers administer rely on subjective judgment, and they can fail you no matter what you do or say.

Breath tests fall under implied consent

Do not confuse a field sobriety test with a breath or chemical test. The police officer must inform you of the implied consent warning if you refuse a roadside breath test. Refusing a breath test might result in a one-year suspension of your license. However, you still have the option to challenge the suspension. In many cases, the penalty for refusal is worse than submitting to a breath test, even if you are over the legal limit.

Police officers cannot request a blood or urine test unless they have probable cause. Do not speak more than necessary at a DUI stop because police look for any reason to gain probable cause.

For most DUI stops, the less you do, the better. Always refuse field sobriety tests, and remain silent throughout the process except for providing your information.

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