If I am stopped by the police and the officer suspects that I am operating under the influence of alcohol (OUI), do I have to do the field sobriety tests?
No. Rarely, if ever, does the field sobriety test help the case of the person being tested. The officer usually believes that the driver is impaired before they even have the driver do the test. The results of the test almost always make the case stronger against the driver. Our Constitution guarantees a person the right not to be forced to help the State make a case against them. However, once the driver has been arrested, a refusal to take a blood or breath test for alcohol or drugs will result in a conviction for operating under the influence. For assistance with criminal matters, please contact us.