Woods & Brangwin Law Firm, PLLC

Almost everyone who has been charged with the crime of Driving under the Influence (DUI) and even those who have not, are familiar with “Field Sobriety Tests” and the “Portable Breath Test” (PBT).  What most people do not understand is that these “Tests” are absolutely VOLUNTARY and should be respectfully declined.

Any police officer that has suspicion that you are DUI will inevitably request that these tests be performed.  Unfortunately, not all officers explicitly inform the suspected DUI driver that these tests are voluntary and if an officer does indicate the tests are voluntary, it is still conveyed in a manner that makes it seem as though the tests are mandatory.  An example that is often seen in police reports is the following: “You will step out of the car and perform some tests so that I can see if you are okay to drive?”  As one can tell, the request is posed in a way that it seems as though it is mandatory, although the officer is actually asking the DUI suspect a question. 

There are three primary Field Sobriety Tests officers will request a DUI suspect to perform; the Horizontal Gaze Nystagmus (check of the eyes), Walk & Turn and the One Leg Stand.  Keep in mind the stop is typically at night and these tests are performed on the side of the roadway.  Law enforcement convey that these tests are designed to assist an officer in determining a suspects ability to operate a motor vehicle in a safe manner; in reality, these tests are utilized to establish probable cause to arrest a suspect for DUI and use the evidence of the Field Sobriety Tests against the suspect at trial. 

Following the performance of the Field Sobriety Tests, the police officer will then request the suspect to submit to a roadside breath test, known as a PBT.  The PBT does not replace the breath test at the police station or jail and is inadmissible in Court; however this too, is used to establish a basis to place a suspect under arrest for DUI.

The key is not to assist law enforcement in the arrest or prosecution of the DUI charge against you.  If you are in the unfortunate circumstance of being stopped for suspicion of DUI, remember the following:  1) Be polite and cooperative, 2) Field Sobriety Tests are Voluntary, 3) The PBT is Voluntary, 4) Respectfully decline to perform these tests, 5) Ask for an Attorney and 5) Invoke your right to remain silent.