Field Sobriety and Chemical Testing: Know Your Rights

When you're pulled over on suspicion of impaired driving, law enforcement may request that you undergo field sobriety tests (FSTs) and chemical tests to assess your level of impairment. Understanding your rights and the implications of these tests is crucial.

Field Sobriety Tests (FSTs)

What Are They?

FSTs are physical and cognitive exercises administered by police officers during traffic stops to evaluate a driver's coordination, balance, and attention. Common tests include the walk-and-turn, one-leg stand, and horizontal gaze nystagmus.

Your Rights:

• Voluntary Participation: In many jurisdictions, including Washington State, FSTs are voluntary. You have the right to decline these tests without facing legal penalties. However, refusal may lead the officer to seek other evidence of impairment.

• Implications of Refusal: While you can refuse FSTs, doing so might result in the officer arresting you based on other observations and requesting chemical tests. It's important to note that refusal can be used as evidence in court to suggest consciousness of guilt.

Chemical Tests

What Are They?

Chemical tests, such as breathalyzers, blood tests, or urine tests, measure the concentration of alcohol or drugs in your system. These tests provide more objective evidence of impairment compared to FSTs.

Your Rights:

• Implied Consent Laws: In many states, by obtaining a driver's license, you consent to chemical testing if lawfully arrested for impaired driving. Refusing these tests can lead to automatic license suspension and other penalties.

• Consequences of Refusal: Declining a chemical test may result in immediate administrative penalties, such as license suspension, and your refusal can be used against you in court. For example, in Washington State, refusing a breathalyzer can lead to a one-year license suspension.

Best Practices During a Traffic Stop

• Stay Calm and Polite: Maintain composure and be respectful to the officer.

• Know Your Rights: Understand that while you can refuse FSTs, doing so may have legal implications.

• Consider Legal Counsel: If unsure, you can request to speak with an attorney before deciding to undergo any tests.

Being informed about your rights regarding FSTs and chemical tests empowers you to make decisions that protect your legal interests during traffic stops.