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First things first, Field Sobriety tests are completely voluntary and the police must tell you that. A field sobriety test (as mentioned on our home page) is a physical assessment comprised of leg balancing, fingers to the face, eye gaze observation, and walking in a straight line. The police are using these physical tests to determine probable cause for the arrest.

 

Option One, If you do well the police may let you go. After all, a display of physical coordination makes for a hefty argument. However, this is a rare occurrence for even passing the test. Option Two, If you choose not to do the physical test then the police will most likely arrest you. If they feel you are impaired then they cannot allow you to drive due to public safety issues.

Now here’s the catch, whereas a night in jail is unfavorable to anyone other than Frank Gallagher, not having a roadside test evaluation results in one less piece of evidence being presented in the court against you, giving you a potential leverage to argue a separate alibi.

Of course, details are the makers or breakers, reach out to me to discuss your own specific case and your most feasible approach!