Passing Field Sobriety Test Can Still Result in DUI Arrest

Ada Chan DUI


passing field sobriety test

Passing Field Sobriety Test Can Still Result in DUI Arrest: What’s NOT-To-Do List.


It’s Friday night.  You decided to go to a nice restaurant with a couple of friends to enjoy the evening.  While there, you shared a bottle of wine with your friends during dinner.  It’s been a few hours since you had alcohol and you figured that it’s okay to drive.  Within a few short blocks from the restaurant, you were pulled over by the police officer for making an illegal turn.  OfficeR determined that you smelled like alcohol and your speech seemed to be slurred.  So, you were ordered out of your vehicle.  You then consented to the Field Sobriety Test, which is a series of divided attention tests.  The officer noted every possible flaw in his report, even though you thought you had performed them perfectly.  You did not sway once.  Nor did you put your foot down or raise your arms more than 45 degrees during the one-legged stand.

Performing the Field Sobriety Test

Assuming you did perform the Field Sobriety Test flawlessly and you have video footage to prove it.  You will be surprised to know that you could still be arrested for DUI.  Why?  The initial statements you made to the police officer has a significant impact on a DUI case that could be built against you.  The very moment that you are stopped by the police, evidence is collected to build a possible drunk driving case against you.  “I had two glasses of wine at dinner 3 hours ago, “ as opposed to not answering questions, or “I just had club soda” may result in very different outcome in your case.  DON’T TALK TO THE POLICE!!! DON’T VOLUNTEER INFORMATION!

Stay Calm

Let’s talk attitude.  Yes, your attitude!  I get it.  You are angry because you were pulled over by the police for possible DUI.  Acting like fool or being angry is not going to help you one bit.  Complying with the officer’s commands may help you in the long run.  STAY CALM AND COMPLY WITH ORDERS.

While the law does not require you to consent to a Field Sobriety Test, and there are no legal consequences for refusing to take the test, the officer use the results of such to determine probable cause in whether you are intoxicated. Even if you don’t exhibit all signs of intoxication, if you smell like alcohol, have bloodshot eyes and/or tell the officer that you had consumed alcoholic beverages prior to driving, you would still be arrested for a DUI. But why give the police more probable cause to say that you were drunk.  DON’T CONSENT TO THE FIELD SOBRIETY TEST!

IF YOU THINK YOU ARE GOING TO BLOW OFF THE CHART ON THE BREATHLYZER, DON’T CONSENT TO THE TEST. A refusal could be better than blowing a score of 0.30!

****This should not be construed as legal advice.  For REAL legal advice, call us directly! ****

If you have been charged with DUI(Driving While Intoxicated) or OWI (Operating While Impaired) in Washington, D.C. or Maryland, please call our office for a free telephone consultation at (202) 455-5610. We serve residents in D.C., Prince George’s County, Charles County, Calvert County, St. Mary’s County, and Montgomery County.


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