Can you refuse a roadside sobriety test?

Can you refuse a roadside sobriety test?

On Behalf of | Jan 6, 2021 | Criminal Defense |

When the police stop you and suspects you are under the influence of alcohol, you may have to answer many questions. The police may want you to undergo certain tests to prove their position. 

Driving under the influence is a serious charge, and understanding your rights before the police pull you over may help get you through it. When law enforcement asks you to partake in certain roadside testing, the results may not carry as much relevancy as they want you to believe. 

Ability testing

One of the ways the police check your driving impairment is through a series of physical tests. These standardized field sobriety tests include these three elements: 

  • Nystagmus gaze 
  • One-leg stand 
  • Walk and turn 

These tests measure your ability to follow directions, make quick decisions and test your level of impairment. However, note that these tests do not automatically count against you in Wyoming, and you may refuse to take them. Note that regardless of whether you take them or not, you may face arrest for DUI. 

Breath testing

Breath and blood tests are a more accurate measure of whether you have enough alcohol in your system to cause impairment. Part of getting a license is consenting to allow police to test your bread or blood. However, this implied consent only extends to when the police have a reasonable suspicion of impairment. If you refuse one of these tests, the police may take your license on the spot and get a warrant to draw the blood. 

You have the right to remain silent whenever the police begin to question you. When it comes to field sobriety tests, you may decline to take them, but none of them alone may convict you. However, refusing them may lead to DUI charges or license suspension.