What should I do if I'm asked to take field sobriety tests?
There are a wide range of field sobriety tests (FSTs), including the horizontal gaze nystagmus (eye twitch) test; the walk-and-turn; the one-leg-stand; heel-to-toe, finger-to-nose, one-leg stand, alphabet recitation, modified position of attention, fingers-to-thumb, hand pat, etc. Most officers will use a set battery of three to six such tests.
Unlike the chemical test, where refusal to submit may have serious administrative and criminal consequences, you are not legally required to take any FSTs.
As noted earlier, the reality is that officers have usually made up their minds to arrest when they give the FSTs; the tests are simply additional evidence which the suspect inevitable "fails." Thus, in most cases a polite refusal may be appropriate.
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