Being charged with an OWI (Operating While Intoxicated) can result in significant legal consequences. One of the ways that a police officer can determine whether or not you are impaired is through field sobriety testing. It is imperative that you understand what can happen if you refuse to participate in a field sobriety test. Read on and speak with an experienced Dallas County OWI lawyer today for skilled representation.
What Are Field Sobriety Tests?
When a police officer conducts a traffic stop under the suspicion that the driver is under the influence of drugs or alcohol, they are permitted to use a variety of tactics to assess the driver’s condition. They may use their sense of smell to detect an odor of drugs or alcohol, look in the car for evidence of intoxicating substances, and observe the behavior of the driver for signs of impairment.
One of the most common ways an officer will evaluate an individual’s intoxication is by conducting a series of assessments known as field sobriety tests. These tests are designed to help the officer analyze the mental and physical capabilities of the driver. The three most common and standardized field sobriety tests are as follows.
- Horizontal gaze nystagmus: The driver follows an object side to side, only using their eyes. If their eyes jerk involuntarily or they cannot follow the object without turning their head, it could lead the officer to believe they are intoxicated.
- Walk and turn: The driver walks a set number of steps, turns on one foot, and walks back the same number of steps. Losing balance, failing to touch heel to toe, or miscounting steps could be signs of impairment.
- One leg stand: The driver balances on one leg for a set time while counting out loud. Hopping, putting their foot down, and losing track of their counting could indicate intoxication.
What if I Refuse a Field Sobriety Test in IA?
The good news is that if you refuse a field sobriety test in Iowa, you will not automatically face criminal charges. You are within your rights to refuse to participate. However, your refusal could be used as evidence against you and result in an arrest.
If the law enforcement officer believes you are refusing because you are intoxicated and do not want them to know, they can use other evidence as probable cause to conduct an arrest and order chemical testing. The prosecution can also use your refusal as evidence in their argument against you if you are charged with an OWI.
If you aren’t sure whether or not to submit to or refuse a field sobriety test, reach out to an experienced attorney for skilled legal advice and representation.