What Happens if I Failed a Field Sobriety Test?

What Happens if I Failed a Field Sobriety Test?

Getting pulled over by the cops is scary enough, but it gets way worse if they make you do a field sobriety test. Those things are hard even when you’re stone cold sober! So what happens if you mess it up? Well, don’t panic just yet. Let’s walk through the basics.

The Tests Themselves

There are a bunch of different field sobriety tests the cops can give you. Some of the big ones are:

• Walking heel-to-toe in a straight line
• Standing on one leg
• Following a pen or flashlight with your eyes
• Saying the alphabet backwards
• Reciting a sequence of numbers backwards

They’ll look for signs that you’re impaired, like stumbling, using your arms for balance, slurring words, etc. There’s no pass/fail score, it’s up to the officer’s judgment. If you do poorly on these, you’ll probably get arrested for DUI.

What Happens After a Failed Test

So you messed up the field sobriety exercises. Here’s what usually goes down next:

1. You get handcuffed and arrested for DUI. The officer will read you your rights.
2. You’ll be asked to take a breathalyzer or blood test. This measures your actual blood alcohol concentration (BAC). Refusing this test can lead to harsh penalties.
3. The police will tow and impound your car. You’ll have to pay to get it back later.
4. You’ll be transported to the police station for booking. They’ll take your mugshot, fingerprints, etc.
5. You can make a phone call to a lawyer or family member.
6. You’ll be held in a cell until release or arraignment. This is usually 4-24 hours.
7. If released, you’ll be given a citation with your court date on it. You’ll also have to arrange transportation home.

The police don’t need to see you driving to arrest you for DUI. If they can prove you were impaired and had physical control of a vehicle, that’s enough in most states. So even if you were sleeping it off in a parking lot, you can still get busted.

Consequences of a DUI Conviction

A DUI conviction can carry stiff penalties like:

• Jail time – Up to 6 months typically.
• Fines – Around $1000 on average.
• License suspension – Usually at least 6 months.
• Ignition interlock – Breathalyzer device installed in your car.
• Probation
• Court fees
• SR-22 insurance requirements
• Community service
• Drug and alcohol classes

Penalties get worse for repeat offenses. Many jobs will fire you for a DUI, especially if driving is involved. And having a DUI on your record makes things like renting a car or getting certain professional licenses way harder. They stick with you for life.

Can I Fight the Charges?

Don’t just plead guilty and accept your fate. There are options for fighting DUI charges. A good DUI lawyer can help get charges reduced or dismissed. Here are some strategies:

• Challenge the reason for the stop – If there was no valid reason to pull you over in the first place, the whole case could get tossed.
• Question the field sobriety tests – Were they performed correctly? Are they reliable evidence of impairment?
• Dispute the breath or blood test – Was the equipment properly calibrated and operated? Were regulations followed?
• Raise health conditions – Medical problems like injuries or inner ear disorders can mimic intoxication.
• Check the officer’s credentials – If they lack proper training, it weakens the case.
• Argue rising BAC – Your blood alcohol may have been lower while driving than when tested.

With an experienced lawyer, many DUIs can be reduced to reckless driving or wet reckless charges. That means lighter penalties and no DUI on your record.

Tips for After a Failed Field Test

Here are some tips if you flub the field sobriety exercises:

1. Remain polite and cooperative – Don’t argue with or threaten officers. It will only make things worse.
2. Decline unofficial tests – You only have to do the standardized field sobriety tests, not balance on one foot or anything like that.
3. Don’t admit guilt – Anything you say can be used against you, so don’t admit you were driving impaired.
4. Ask for a lawyer – Politely insist on speaking to an attorney before answering questions.
5. Gather evidence – Write down details, take photos of where you were stopped, get witness info, etc.
6. Record interactions if possible – Many states allow filming police. But ask first or do it secretly.
7. Hire a DUI attorney – Don’t go it alone. A good lawyer can mean the difference between conviction and dismissal.

With the right help, a failed field test doesn’t automatically mean you’re doomed. But it’s wise to be prepared and know what to expect. And of course, don’t drive impaired in the first place!

References

Penalties for Refusing a Blood, Breath or Urine Test

Chapter 7: Fighting a DUI Case Based on the Stop

Field Sobriety Tests: What are they and can I refuse?

Chapter 7: Attacking the Reliability of FSTs and Breath Tests

Penalties for Refusing a Blood, Breath or Urine Test