Should you ever be stopped by the police after having a few drinks, it would be in your best interest to have the counsel of an experienced attorney available. It is critical that you understand your rights in this situation.

Field sobriety tests are a tactic that police officers use to gather evidence against you. A good defense attorney will advise you not to take a field sobriety test. However, refusing a field sobriety test could lead to a breath analyzer test. Always ask to speak to your attorney should you ever be pulled over!

There are three field sobriety tests that are approved by the National Highway Traffic Safety Administration, and many states only approve the use of these tests as evidence in their courts. A good attorney will advise that you demand they render only one of these three tests.

The heel-to-toe walk that everyone has seen on TV is usually the first test they administer. You walk in an imaginary straight line touching heel to toe, and then turn around on that imaginary line to walk back to the officer.

The second test is the one-leg-stand. During this test you are required to stand on one leg for an extended period of time without losing your balance. The third authorized test is the horizontal-gaze-test, which involves a light being shined into a suspect’s pupils as they slowly look to the left and right. Each one of these tests uses an objective scoring system that counts mistakes and is therefore less subject to the impression of the officer. Only submit to a field sobriety test if you believe you can pass it; an attorney will advise you not to take it otherwise.

If you refuse to take a field sobriety test, you will most likely be required to take a chemical test such as a breathalyzer, blood, or urine test. You can refuse to take these tests also, but you will have your license suspended for a period of three to twelve months depending on which state the incident occurs in. Even if you are found not-guilty of a DUI, you will still have a suspended license. In fact, some states will charge you with an entirely different crime for refusing to submit to a chemical test, while others will add time to your sentence if you are found guilty.

Despite the fact that these consequences can be devastating, it may still be worth the license suspension if you know your blood alcohol level is extremely high. If a legal adviser was at the scene of the incident, they would tell you that you have a choice between taking your chances with the DUI charge or avoiding this by refusing to be tested and accepting the penalties that come with it. At that point, the call is yours to make.