Q: I was stopped on a DWI and I refused to do the field sobriety tests. Is it against the law to refuse these tests?
I have terrible balance to begin with and even if I had nothing to drink, I am sure I would have failed them, especially walking the straight line and standing on one leg.
A: It is not illegal to refuse to perform Standardized Field Sobriety Tests (SFST) and hopefully you explained to the officer your issues with balance. However, if the DWI case proceeds to trial, your refusal to take the field tests can be introduced to the jury as some evidence of guilt and it would be incumbent upon you and your attorney to explain to the jury why you refused these tests.
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