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Can you refuse a field sobriety test?

On Behalf of | Feb 21, 2019 | Uncategorized

There are many college students and young adults who enjoy spending the weekends drinking alcohol and taking to the roads afterwards. The highest concern for motorists and pedestrians is for their lives when alcohol and driving are combined. Despite the many other options available (designated drivers, Uber, Lyft, local taxi, etc.) many young college students misjudge their sobriety and get behind the wheel anyway.

So, what should drivers do when they get pulled over by law enforcement? Is a field sobriety test mandatory in the state of Nebraska? The answer is no. You can and should refuse a field sobriety test from a police officer. Remain respectful yet firm in your refusal to take a sobriety test.

Why refuse sobriety test

The reason you want to politely decline a field sobriety test is because you do not want the officer to gather “probable cause” for why he pulled you over. A field sobriety test is at the mercy of the police officer’s own judgement and can incriminate you even when you are innocent. An officer of the law may ask you to walk in a straight line (heel to toe), stand on one leg, follow an apparatus with your eyes, etc. Each of these methods are easy to fail and can put you in a bad situation afterwards.

Arrested for a DUI/DWI

Probable cause is easy to establish after you allow the police officer to conduct a field sobriety test on you. Shortly afterwards, you may find yourself in handcuffs and charged with driving under the influence. This begins the process of establishing your legal defense and petitioning the court to go easy on you with fines, jailtime, revocation, and all other consequences that follow as a result.

Remember your rights and do not allow a police officer to coerce or manipulate you into performing a field sobriety test. You do not want to make it harder on yourself by getting into a situation that could have been avoided in the first place. There are legal options available for you and assistance in making smart decisions that will protect your future.

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