Facing a DUI stop can be one of the most stressful experiences for any driver. In Oklahoma, if a police officer suspects you're impaired, they may ask you to perform Field Sobriety Tests (FSTs). But what exactly are these tests, and do you have a choice in taking them?
Understanding Field Sobriety Tests in Oklahoma
Field Sobriety Tests are a set of standardized exercises designed to assess a driver's physical and mental impairment. In Oklahoma, the three most common FSTs, recognized by the National Highway Traffic Safety Administration (NHTSA), are:
Horizontal Gaze Nystagmus (HGN): This test involves an officer observing the involuntary jerking of your eyes as they move from side to side. While seemingly straightforward, many factors unrelated to alcohol can cause nystagmus, making its interpretation subjective.
Walk-and-Turn: You'll be instructed to walk nine heel-to-toe steps along a straight line, turn, and walk nine steps back. Officers look for signs of impairment, such as losing balance, stepping off the line, or not touching heel-to-toe.
One-Leg Stand: This test requires you to stand with one foot raised approximately six inches off the ground for 30 seconds. Officers will observe if you sway, use your arms for balance, hop, or put your foot down.
It's crucial to understand that these tests are designed to create a situation where even a sober person might struggle, providing officers with "indicators" of impairment.
Your Rights: The Choice to Refuse
Here's the critical information every Oklahoma driver needs to know: You are not legally required to submit to Field Sobriety Tests in Oklahoma. Unlike the implied consent law that applies to chemical tests (like breath or blood tests) once you've been arrested, FSTs are voluntary.
While refusing FSTs might lead an officer to proceed with an arrest if they believe they have probable cause based on other observations (such as erratic driving, odor of alcohol, or slurred speech), refusing the tests itself does not carry the same immediate penalties as refusing a chemical test after arrest.
Why Refuse? The Empathetic and Results-Oriented Perspective
From an empathetic standpoint, we understand that in a high-pressure situation, it's natural to want to comply with an officer's requests. However, from a results-oriented perspective, performing FSTs rarely works in your favor. Here's why:
Subjectivity: The officer's interpretation of your performance is highly subjective. What they perceive as a "clue" of impairment might simply be nervousness, fatigue, or even physical limitations.
Conditions: The conditions under which tests are administered (e.g., uneven ground, poor lighting, weather, distracting traffic) can significantly affect your performance, regardless of sobriety.
Evidence Collection: The primary purpose of FSTs from an officer's perspective is to gather additional evidence to support probable cause for a DUI arrest. By refusing, you limit the evidence that can be used against you in court.
Even if you are completely sober, factors like stress, medical conditions, certain medications, or even uncomfortable footwear can lead to a poor performance on these tests.
Protect Your Future with Oklahoma DUI Defense Attorneys
Understanding your rights regarding Field Sobriety Tests is a vital part of protecting yourself if you are pulled over for suspected DUI. While it's a difficult decision to make on the spot, knowing that you have the right to refuse FSTs can be a crucial advantage if you find yourself in this challenging situation.
If you or a loved one has been charged with a DUI in Oklahoma, don't face it alone. The complexities of DUI law demand experienced and authoritative legal representation. At Hunsucker Legal Group, we have a proven track record of fighting tirelessly for our clients and pursuing the best possible outcome. Led by the only Board Certified DUI Defense Attorney in Oklahoma City, we're ready to help you.
Contact us at (405) 544-2992 today for a consultation and let us put our results-oriented defense strategies to work for you.
