Should You Refuse a Field Sobriety Test?

This video features Tyler D. Bailey, Esq., a Criminal Law attorney based in South Carolina.

Attorney Tyler Bailey | 888-981-0034 | Schedule Your Consult Today

What should you do if a police officer asks you to take a sobriety test? Can you refuse a field sobriety test, or will that make things worse?

Tyler Bailey is the founder of Bailey Law Firm, which is based in Columbia, South Carolina. He can assist with matters ranging from personal injury and workers' compensation to criminal defense, family law, and civil law. He was named one of the Top 40 Under 40 trial lawyers by National Trial Lawyers Monthly.

In this Quick Question, he explains that you are well within your rights to refuse a test, and in fact, you should if you’re worried about it going poorly.

To learn more, contact the attorney directly by calling 888-981-0034 or by submitting a contact form on this page. The consultation is free and confidential, and you owe no out-of-pocket attorney fees.

In some states including South Carolina, you do not have to agree to a field sobriety test.

Police perform field sobriety tests to determine whether or not a driver was operating their vehicle after drinking more than the legal limit of alcohol. However, field sobriety tests will detect not only whether someone is over the blood-alcohol level for operating a vehicle, but whether they have had anything to drink at all.

Additionally, some of the actions recorded during a field sobriety test are unlikely to look good on camera, such as walking in a certain way or making certain turns to prove sobriety. If there is any question as to whether the field sobriety test will reflect poorly on camera, Bailey recommends refusing the test.

If you are brought up on charges of driving under the influence, reach out to a DUI defense attorney.

These attorneys understand the law as it varies from state to state regarding matters such as field sobriety tests and arrest procedures for driving under the influence. A DUI defense attorney can help detect if a violation of your civil rights played a part in the incident, and if so may be able to factor it into your defense. It is important to realize that while respectfully complying with law enforcement is usually a good idea, you are not legally required to agree to things like field sobriety tests.

Due to the inability of many fully sober individuals to pass field sobriety tests, it is unlikely that one will hold up in court but should be avoided if possible. Additionally, law enforcement officers are required to follow certain procedures when administering blood, breath, or urine tests. A violation of protocol could also result in the evidence becoming unusable in court. However, it takes a skilled DUI defense lawyer to detect these protocol violations and use them to help your case.

To learn more, contact Tyler Bailey directly by calling 888-981-0034 or by submitting a contact form on this page. The consultation is free and confidential, and you owe no out-of-pocket attorney fees.

Video Transcript:

Rob Rosenthal:

Hey, I'm Rob Rosenthal with AskTheLawyers.com, and it's time for a Quick Question. Do you know your rights if a police officer asks you to take a field sobriety test? We ask South Carolina criminal defense attorney, Tyler Bailey.

Tyler Bailey:

In South Carolina, you do not have to take a field sobriety test. Field sobriety tests are often recorded, and if you had anything drink or for some reason you would not look good on film completing a feel sobriety test, which often ask pretty difficult questions and has you do a lot of different walking, turning and things of that nature that may not look good on film out, I would advise that you not take a field sobriety test.

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