When an officer believes that you may have been drinking or seem to be driving in an unsafe manner for any reason, they can choose to pull you over. It is at this moment that they will begin assessing you, analyzing your behavior, control and other factors that can help them observe is you are in fact impaired from the influence of drugs or alcohol. Often times an officer will have made their mind up at this point but they can still ask you to submit to a field sobriety test. There are a number of different parts of this test and they can use one form or multiple ones. The results of the test may only give them further evidence for the charges they are already planning to make.
A field sobriety test can often be passed off by an officer as necessary, but in fact it is actually up to you to decide if you are willing to take it. Implied consent is the term that is used to describe the unspoken agreement that is communicated when a suspect carries out testing, even though they may not have been stated their ability to refuse testing and may have thought they had to submit. Depending on the outcome, testing can either work for or against you so it is important to weight the options.
There is the ability to refuse to submit to testing, but it will come with automatic penalties. Refusing a test also does not mean that you cannot still be charged and convicted and it may only lead to further punishments. For some however, refusing it can work to their benefit and they give the prosecution less to work with. If you have been charged for drinking and driving, speak with my office directly by scheduling a free consultation. I can help you to better understand your rights and the strategies to help protect your freedom.