Should You Submit to Breath and Field Sobriety Tests?
Being pulled over for a possible DUI is a terrifying experience. If a police officer suspects that you are operating your vehicle under the influence of alcohol or drugs, you may be asked to submit to a breath or field sobriety test. These tests allow law enforcement to gauge whether you are a risk to others on the road. While you are allowed to refuse a field sobriety test without legal consequences, refusal to submit to a breath test will result in an automatic six-month suspension of your driving privileges.
The Greenville DUI defense lawyers at Ryan Beasley Law are here to explain your rights under South Carolina law and how our legal team goes about questioning the reliability of roadside sobriety tests.
Breath Tests and Legal Consequences of Refusal
A breath test involves breathing into an electronic device. The breathalyzer measures the amount of ethanol in a person’s blood to produce a blood alcohol concentration (BAC) reading. False positive readings are common, with breathalyzers being accurate about 40% of the time. Failure to calibrate the device accurately combined with medical issues are valid reasons to avoid providing a breath sample into a portable breathalyzer.
While there are no legal consequences to refusing to take a roadside breath test, once you are taken into custody, you will be required to take an official breath test at the police station. This is due to South Carolina’s implied consent law. This law states that anyone who drives in the state automatically consents to a breath, blood, or urine test. If you refuse to take an official breath test, your license will be automatically suspended.
Can I Refuse to Take a Field Sobriety Test?
During a DUI traffic stop, any of the following field sobriety tests may be administered:
- One-leg stand: During this test, the officer will ask you to stand with one leg six inches above the ground. You will be asked to start counting until the officer requests you put your foot down. During the next 30 seconds, the officer will examine you for any signs of impairment, including hopping or swaying to maintain balance.
- Walk-and-turn: The officer will ask you to take nine steps heel-to-toe along a straight line. At the end of the line, you will be asked to turn on one foot and repeat the exercise in the opposite direction. If you lose your balance while turning or need to engage your arms to balance, these may be signs of impairment.
- Horizontal gaze nystagmus: You will be asked to follow a pen or flashlight as the officer moves it from side to side. If your eyes cannot follow the object smoothly or there is a distinct “jerking” of the eyeball, this may be a sign of inebriation.
The results of a field sobriety test are subjective, with individuals who are completely sober often performing outside the normal range. Legally, you are allowed to refuse a field sobriety test, although the officer will not inform you of your rights.
If you do submit to testing and fail, our Greenville DUI defense lawyers will examine whether environmental factors (i.e., traffic, lighting, or loud noises) distracted you. If you do have a medical condition, it is important for us to know since certain ailments can impact testing. For instance, if you have vision issues or an inner ear infection, you could fail the horizontal gaze nystagmus test, even if you have not touched a drop of alcohol. As such, having experienced counsel in your corner is essential to proving your sobriety.
Consult with a Greenville DUI Defense Attorney Today
If you or a loved one have been arrested or charged with a DUI, you are likely uncertain of what to anticipate. Although you have legal options, you must act quickly to preserve your rights. Our Greenville DUI defense lawyers will gather all pertinent evidence and information to determine the best course of action. To get started, complete our online contact form or give us a call at (864) 679-7777 to schedule your consultation.