How to Navigate a Field Sobriety Test Request During a Traffic Stop
When you are stopped by the police or other law enforcement officials and asked to take a field sobriety test, what should you do? In short, you are allowed to refuse to take a field sobriety test under Indiana law. Under IC 9-30-6, in making the decision to operate a motor vehicle, you have given implied consent to a chemical test (for example, a breathalyzer) when a law enforcement officer has probable cause to believe that you are operating a vehicle while intoxicated (OWI). A person who refuses a chemical test under Indiana’s implied consent law will have their driving privileges suspended. Indiana’s implied consent law does not, however, apply to field sobriety tests. Our Indianapolis OWI defense lawyers can explain more fully, and we can tell you more about navigating a request for a field sobriety test in Indiana.
What You Should Know About Field Sobriety Tests in Indiana
If you are stopped by law enforcement and an officer suspects that you are intoxicated, they may attempt to gather more information to determine whether or not there is probable cause to conduct a chemical test or to arrest you for an OWI. One technique for evaluating whether or not you are impaired is conducting a field sobriety test. In general, there are three types of field sobriety tests that have been standardized by the National Highway Traffic Safety Administration (NHTSA), and you may be asked to perform any of those three in an Indiana stop.
Those field sobriety tests include the “horizontal gaze nystagmus” test, the “walk and turn” test, and the “one-leg stand” test. While these tests can sometimes indicate a person’s impairment, there are a wide range of reasons that a person might fail one or all of these tests for reasons that have nothing to do with impairment by alcohol or a controlled substance.
You Can Refuse to Take a Field Sobriety Test
It is important to be clear: you can refuse to take a field sobriety test. You are not required to comply with this request under Indiana’s implied consent law. Given that these tests are often inaccurate, it is almost always a good idea to refuse a field sobriety test, even if the law enforcement officer makes you feel like you should agree to take the test.
If you have already agreed to take a field sobriety test and failed, you can still take steps to prove that the results are invalid. With your defense lawyer’s help, you can show that you have a particular medical condition, for example, or a physical impairment, that resulted in the results of the field sobriety test.
Contact an Indianapolis OWI Defense Lawyer for Help Today
If you are stopped by law enforcement on suspicion of intoxicated driving or OWI, it is critical to know that you are allowed to refuse to take a field sobriety test without facing legal consequences. To be clear, refusing a field sobriety test is not the same as refusing a certified chemical test test. Even if the law enforcement officers who stop you imply that you must agree to the field sobriety test, you should know your rights. If you have already taken and “failed” a field sobriety test, you should also know that there are many ways to show that the test was not accurate and to defend against OWI charges. One of the experienced Indianapolis OWI defense attorneys at Rigney Law LLC can begin working with you on your defense today. Contact us for help with your case.
Sources:
law.justia.com/codes/indiana/title-9/article-30/chapter-5/section-9-30-5-1/
nhtsa.gov/sites/nhtsa.gov/files/documents/sfst_ig_refresher_manual.pdf
statecodesfiles.justia.com/indiana/2015/title-9/article-30/chapter-6/chapter-6.pdf