Why you should never perform DUI field sobriety tests
DUI field sobriety tests are designed to make you fail and are judged solely by the officer giving the test. That's right, the person who suspects you are under the influence is the same person who asks you to perform the tests and is the one who judges your performance. I mean there's no bias in that is there?
What is the Filed Sobriety test?
Police officers will ask a person suspected of driving under the influence to get out of their vehicle and perform a field sobriety test, just to see if your okay to drive, they will tell you. Seems reasonable enough, right? You may be asked to perform a variety of tests but the three main ones are the eye nystagmus test, walk-and-turn, and one-leg-stand.
The average person has never thought about taking these tests before and has no idea what is required to pass them. Police are not required to explain what you are being judged on and certainly never do.
Did I mention that they are trained at administering the tests and have performed it themselves many times before while you most likely have never taken the test and have no idea what is required to pass it.
Do you have to do the test?
The field sobriety test is not mandatory in the state of South Carolina and there is no punishment for not taking them. That's correct, you can refuse to take the test and there's nothing the police can do about it. They will be forced to make a decision to arrest you on the basis of very minimal evidence, which they no will hurt their case against you. Unlike refusing to provide a breath sample where your license will be suspended no such penalty occurs for refusing to take the test. So why do people take the tests, because they are not aware that they have a right to refuse and the police put pressure on them to take the test.
Judges and juries believe in them, why?
Because of the propaganda we have been sold that these tests are indicative of an impaired driver. Unless of course you are a judge that has been arrested for DUI and there are plenty of those that have been subjected to this. The tests have never been subjected to peer review, which means that other scientists review the hypothesis presented and agree or challenge the theory. That's why it is important to retain a Mt. Pleasant DUI Lawyer to defend your rights.
What is the Filed Sobriety test?
Police officers will ask a person suspected of driving under the influence to get out of their vehicle and perform a field sobriety test, just to see if your okay to drive, they will tell you. Seems reasonable enough, right? You may be asked to perform a variety of tests but the three main ones are the eye nystagmus test, walk-and-turn, and one-leg-stand.
The average person has never thought about taking these tests before and has no idea what is required to pass them. Police are not required to explain what you are being judged on and certainly never do.
Did I mention that they are trained at administering the tests and have performed it themselves many times before while you most likely have never taken the test and have no idea what is required to pass it.
Do you have to do the test?
The field sobriety test is not mandatory in the state of South Carolina and there is no punishment for not taking them. That's correct, you can refuse to take the test and there's nothing the police can do about it. They will be forced to make a decision to arrest you on the basis of very minimal evidence, which they no will hurt their case against you. Unlike refusing to provide a breath sample where your license will be suspended no such penalty occurs for refusing to take the test. So why do people take the tests, because they are not aware that they have a right to refuse and the police put pressure on them to take the test.
Judges and juries believe in them, why?
Because of the propaganda we have been sold that these tests are indicative of an impaired driver. Unless of course you are a judge that has been arrested for DUI and there are plenty of those that have been subjected to this. The tests have never been subjected to peer review, which means that other scientists review the hypothesis presented and agree or challenge the theory. That's why it is important to retain a Mt. Pleasant DUI Lawyer to defend your rights.