Are field sobriety tests mandatory?
No, field sobriety tests are voluntary. You are not required to take a roadside sobriety test, but your refusal can be used against you in court. You should have a legitimate reason as to why you are refusing to submit such as bad back, injury or poor balance. What you need to know is the tests are “divided attention” tests, designed to make you think they are testing one thing when they are really testing many things at once and your ability to hear and understand instructions as well as performance. For example, if you are told to stand with your feet together and hands at your side while receiving instructions, you will be downgraded if you shift position or change your stance to ask a question even before you begin “the test.” So if you take the tests, listen very carefully and fulfill all the officer’s instructions even the ones that do not seem to be part of the test.
