While many people have seen field sobriety tests (FSTs) portrayed for laughs on television and in the movies, the reality is that these awkward and unfamiliar tests that require both physical coordination and mental concentration can have very serious consequences.  If you are stopped in Kansas, the police officer will probably ask you to perform these tests if he suspects that your blood alcohol concentration (BAC) is .08 or higher, which is the legal threshold at which you are considered impaired.  These tests serve dual functions in a Kansas DUI prosecution as both part of the evidence supporting probable cause for arrest and as evidence of alcohol impaired driving.  If you or someone you know is stopped for DUI, there are some important facts that you should know about FSTs in Kansas.

Many police officers make it seem as though a motorist has no option but to participate in field sobriety tests during a stop.  The officer will make it sound like he is giving a command rather than making a request.  Since the officer has the power of arrest, many people feel that under these circumstances the only option is to agree to perform FSTs.  This confusion is compounded by the fact many people inaccurately assume that the Kansas Implied Consent Law extends to FSTs and portable roadside breath testing.  However, you are not required to perform FSTs because the implied consent law applies only to the formal BAC test after you have been arrested.

There is little to be gained by agreeing to participate in field sobriety tests because the tests have a significant false positive rate for indicating people are intoxicated that are not over the legal limit for driving.  Further, the officer’s perception of your performance will be impacted by the fact the officer has already made up his mind that you are under the influence (DUI) so he is really looking for evidence to support an arrest rather than to make an impartial determination of whether you are legally impaired.

If you refuse to perform FSTs, the officer will have less evidence to use to justify his arrest and the prosecutor will not have the officer’s evaluation of your performance on FST testing to use as evidence at trial.  While there is really nothing to be gained by submitting to field sobriety testing, it can be intimidating to refuse to cooperate with a request from a law enforcement officer.

One approach to such a refusal is to request an opportunity to talk to a lawyer before you perform the tests.  When this request is declined, you can indicate that you are not comfortable participating without legal advice.  Another approach to decline to perform FSTs in Kansas is to ask if all of the tests have been proven to be completely accurate.  Each of the field sobriety tests has a substantial rate of inaccuracy based on testing by the National Highway Traffic Safety Administration (NHTSA) so the officer will not be able to confirm that each test is completely accurate.  Concerns over the lack of accuracy can then be used as a way to decline to take the tests.  It is also important to be aware that the tests were standardized based on the level of intoxication being a BAC of .10 percent so you may have a basis to oppose use of the FSTs if your BAC was between .08 and .10 percent.

If you or a close family member have been arrested for DUI, experienced Sedgwick County DUI defense attorney Bill Cummings provides a diligent defense to protect his clients from the harsh penalties of a Kansas DUI conviction.  We offer a free initial consultation that is absolutely confidential so call us today at 316-264-1548 to learn how we can help.