Criminal Law Blog
February 13, 2005
Another question that clients frequently ask me is “if I am pulled over and the police officer asks me to perform field sobriety tests, what should I do?”
Here’s the answer: every time the officer asks you a question, or asks you to perform a field sobriety test, say this: “officer, I respectfully decline to perform that tests, and I want to talk to my lawyer.” So, be respectful, but don’t do the tests. Remember that you are being videotaped and audiotaped during this entire ordeal.
The reason that I suggest that you request to speak to your lawyer is that if your case goes to trial, then the audio portion of the videotaped has to be put on mute because you asked to speak to your lawyer. If you don’t ask to speak to your lawyer, then the jury will hear the audio portion of the videotape. The reason I suggest that you refuse to perform the field sobriety test is that by refusing to perform the field sobriety tests, you prevent the prosecutor from having evidence that you lost the use of a mental or physical faculty.
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