If you are pulled over in North Carolina on suspicion of driving while intoxicated (DWI), the police may ask you to perform field sobriety tests. You are likely to feel nervous or intimidated during a DWI stop and might agree to these tests, assuming that you can pass them or that by complying you will reduce your chance of an arrest.
These feelings are natural. Many drivers submit to field sobriety tests for these reasons. However, it is important to know your rights concerning field sobriety tests in North Carolina.
What are field sobriety tests?
Field sobriety tests are a series of tests administered by police officers at a DWI stop to determine your intoxication level. The tests are designed to measure your balance, coordination and memory.
There are various types of field sobriety tests. Three standardized field sobriety tests include the horizontal nystagmus test, the one leg stand test and the walk and turn test.
The horizontal nystagmus test involves following an object with your eyes while not moving your head. The police officer is watching for signs that you cannot follow directions, such as moving your head when told not to, and involuntary eye twitching, which is a sign of intoxication.
The one leg stand test involves standing on one leg for approximately five seconds. This test is meant to measure your ability to balance.
The walk and turn test require you to take nine heel-to-toe steps in a straight line and then turn and take the same steps in the other direction. The main goal of the walk and turn test is to measure your ability to follow directions.
The problem with field sobriety tests
Field sobriety tests are not good indicators of intoxication. You may fail field sobriety tests for reasons other than being intoxicated, such as having a medical condition or simply being nervous.
Additionally, the police officer could improperly administer the test or fail to correctly read you the instructions.
You have a right to refuse field sobriety tests in North Carolina. You also have a right to refuse a breathalyzer test. However, these rights only apply to roadside stops. If you are transported to a police station and asked to take a breathalyzer test, refusing one could come with legal consequences.
How to refuse field sobriety tests
It is often difficult to assert your right to refuse field sobriety tests. Your refusal does not need to be elaborate; you can simply say no when asked.
The police officers might ask you again, hoping you will change your answer. Continue to say no. Remain calm, polite and respectful. Do not get aggressive with the officers.
Refusing field sobriety tests does not guarantee that you will escape a DWI arrest. The police may have probable cause for the arrest based on other factors. However, failed field sobriety tests are one piece of evidence the prosecution will not have to prove your case.
Additionally, other defenses could be available to you. Act quickly after an arrest to explore other potential defenses and minimize the negative consequences of a DWI conviction.