Are Field Sobriety Tests Legal?
Is a drunk driving suspect legally required to perform field sobriety tests administered by the police officer at the scene?
2 Answers from Attorneys
Re: Are Field Sobriety Tests Legal?
Field sobriety tests are completely voluntary. In fact, you are not even required to perform a field alkosensor test either. However, if you are arrested for suspicion of DWI in Virginia, you will be required to submit to a breathalyzer test, or blood test if the breath test is unavailable. This requirement is imposed on you under the implied consent law.
Re: Are Field Sobriety Tests Legal?
So-called Field Sobriety Tests are no longer even formally recognized as legitimate tests for determining whether a given suspect may be guilty of DUI in some jurisdictions such as Florida which now requires that for evidentiary purposes, performance results from such tests must be characterized as merely the arresting officer's observations.
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