Q: Do you have to take field sobriety tests during a DUI stop?

A: You have to answer/obey lawful questions/requests the officer asks and provide identification such as your drivers license, registration and insurance. Typically, an officer will pull you over based on reasonable suspicion (swerving, no blinker, no lights, etc.) but once you open your window and speak to the officer they will get probable cause from the smell of alcohol in your car or on your breath. At that point, the officer is allowed to ask you get out of your car and arrest you for probable cause of driving under the influence. Everything the officer asks you to do or say AFTER this point is to gain further evidence of your impairment in order to support their probable cause.

You DO NOT have to do a field sobriety test (walking a straight line, following a light with your eyes, etc).

You DO NOT have to blow into a portable (handheld) breathalyzer.

You DO have to consent to give blood.

You DO have to blow into the large non-portable (stationary) breathalyzer.

The best way to deny the field sobriety test and portable breathalyzer is to respectfully deny them and say nothing more than "no thanks" or "I respectfully refuse" because saying anything more will give further evidence of being impaired by slurring words and alcohol on your breath.

If you have further questions or wish to speak more about a specific situation, please feel free contact us with confidentiality at zach@divellaw.com or 480-935-6545.