Do I have a choice to refuse to perform police field sobriety testing and/or a portable breath test?
Yes! Police officers have many tools that they use to help them determine whether a person is intoxicated for DWI purposes. Many of these tools are the subject of great debate as to whether or not they are accurate and/or reliable indicators of intoxication. The favorite roadside tools of the officer are the portable breath test (PBT) device and standardized field sobriety tests (SFSTs). There is no “implied consent” statute that requires a person to submit to either a PBT or SFSTs so a person may decline the invitation to take them. Many innocent drivers do refuse to submit to a PBT because the specimen given is not preserved and the devices are generally not accepted in the scientific community as be accurate or reliable. Further, many innocent drivers refuse to submit to the SFSTs because they are not very coordinated and are very nervous and any test results will not accurately reflect their sobriety. Please feel free to review a more thorough review of SFSTs by clicking [insert li
