JC Law Walks You Through the Evaluation
Being pulled over on suspicion of driving while intoxicated (DWI) can be a frightening experience. The flashing lights, the officer’s questions, and the pressure to perform flawlessly under scrutiny can all contribute to a stressful situation. One of the key decisions you’ll face in such a scenario is whether or not to participate in Field Sobriety Tests (FSTs). Refusing these tests is a right, but it often leads to questions about the implications for your case. If you’ve refused an FST and are now facing a DWI charge, you’re likely wondering: do I still have a chance at a “not guilty” verdict?
The short answer is yes, a “not guilty” verdict is still possible. However, understanding the legal landscape and the factors that influence your case is crucial. This article will delve into the significance of refusing FSTs, how it affects your defense, and the strategies you can employ to fight a DWI charge.
The Role of Field Sobriety Tests
Field Sobriety Tests are a series of evaluations conducted by law enforcement officers to assess a driver’s level of impairment. These tests are designed to evaluate your coordination, balance, attention, and ability to follow instructions—all of which can be affected by alcohol or drugs. The most common FSTs, standardized by the National Highway Traffic Safety Administration (NHTSA), include:
- Horizontal Gaze Nystagmus (HGN): This test involves the officer observing your eyes as you follow a moving object (usually a pen or finger). The officer looks for involuntary jerking of the eyes, which can be an indicator of intoxication.
- Walk-and-Turn (WAT): This test requires you to take nine steps heel-to-toe along a straight line, turn in a specific manner, and then take nine steps back in the same way. The officer observes your balance, coordination, and ability to follow instructions.
- One-Leg Stand (OLS): This test requires you to stand on one leg, with the other leg raised six inches off the ground, while counting aloud for 30 seconds. The officer observes your balance, coordination, and ability to maintain focus.
It’s important to understand that FSTs are subjective in nature. The officer’s interpretation of your performance plays a significant role in the outcome. Furthermore, factors unrelated to intoxication, such as nervousness, fatigue, medical conditions, or even uneven road surfaces, can affect your ability to perform these tests accurately.
Why Refuse a Field Sobriety Test?
Many legal experts advise against taking FSTs, even if you believe you are sober. Here’s why:
- Subjectivity: As mentioned earlier, the tests are based on the officer’s interpretation, which can be biased.
- Difficult to Perform: Even sober individuals can struggle with these tests due to the stress of the situation or underlying physical conditions.
- Provides Evidence for the Prosecution: By taking the tests, you are essentially providing the prosecution with potential evidence against yourself.
Refusing FSTs is your right. While it might lead to an arrest, it prevents the officer from collecting potentially damaging evidence based on your performance of these subjective tests.
The Impact of Refusal on Your DWI Case
Refusing an FST does not automatically guarantee a “not guilty” verdict, but it does significantly alter the landscape of your defense. Here’s how:
- Less Evidence for the Prosecution: Without FST results, the prosecution has less direct evidence to prove your impairment. They will need to rely on other factors, such as the officer’s observations of your driving, your demeanor, and any statements you made.
- Implied Consent Laws: Most states have “implied consent” laws, which mean that by driving on public roads, you have implicitly consented to be tested for alcohol or drugs if lawfully arrested for DWI. Refusing a breath or blood test (chemical tests), as opposed to the roadside FSTs, can result in automatic license suspension, even if you are not ultimately convicted of DWI. The rules regarding FST refusal are different.
- Refusal as Evidence: While the prosecution cannot use your refusal of FSTs as direct evidence of guilt in some states, in others, they may be able to argue that your refusal implies consciousness of guilt. This is a complex legal issue that your lawyer can help you navigate.
Building a Strong Defense Despite Refusal
Even after refusing FSTs, you can still build a strong defense against a DWI charge. Here are some strategies that your attorney may employ:
- Challenging the Legality of the Stop: Your attorney will examine the circumstances that led to the initial traffic stop. If the officer lacked reasonable suspicion to pull you over, any evidence obtained subsequently (including the refusal) might be deemed inadmissible by the court.
- Questioning the Officer’s Observations: Your attorney can challenge the officer’s observations of your driving and demeanor. Were there other possible explanations for your behavior? For example, were you simply tired, distracted, or nervous?
- Attacking the Reliability of Other Evidence: If the prosecution has other evidence, such as breath or blood test results (if you submitted to those tests), your attorney can challenge the accuracy and reliability of those tests. This might involve questioning the calibration of the testing equipment, the handling of the samples, or the qualifications of the technicians who performed the tests.
- Presenting Alternative Explanations: Your attorney can present alternative explanations for any signs of impairment that the officer observed. This might involve providing evidence of medical conditions, fatigue, or other factors that could have affected your behavior.
- Highlighting the Lack of Evidence: A key part of your defense will be emphasizing the absence of concrete evidence of impairment. The prosecution must prove beyond a reasonable doubt that you were intoxicated, and without FST results or a high blood alcohol content (BAC), this can be a difficult task.
The Importance of Legal Counsel
Navigating a DWI charge can be complex and overwhelming, especially after refusing a field sobriety test. Retaining experienced legal counsel is crucial for protecting your rights and building a strong defense. A skilled DWI attorney can:
- Evaluate the Strength of the Prosecution’s Case: An attorney can thoroughly analyze the evidence against you and identify any weaknesses in the prosecution’s case.
- Advise You on Your Legal Options: An attorney can explain your rights and options, including the potential consequences of pleading guilty versus fighting the charges.
- Negotiate with the Prosecution: An attorney can negotiate with the prosecution to potentially reduce the charges or secure a more favorable plea agreement.
- Represent You in Court: An attorney will represent you in court and advocate on your behalf, ensuring that your rights are protected throughout the legal process.
- Investigate Your Case Thoroughly: A good attorney will not just take your case at face value. They will look at every angle and gather all the information to fight in your favor.
Conclusion
Refusing a Field Sobriety Test in a DWI stop doesn’t guarantee a “not guilty” verdict, but it can significantly improve your chances of a successful defense. By understanding the implications of your refusal, building a strong defense strategy, and retaining experienced legal counsel, you can fight the charges and protect your future. Remember, you have the right to remain silent and the right to an attorney. Exercise these rights to ensure the best possible outcome in your case. Please consult with an attorney.
About the Founder of JC Law
Jim is highly regarded by his clients, peers, and the judiciary. It is, without doubt, undisputed that to obtain a successful result, you need a zealous and relentless trial lawyer. That’s Jim. He has also put his fingerprints on the firm as to how each lawyer represents their clients.
