A police officer might pull you over and ask you to do a field sobriety test if they suspect you are driving under the influence. This can happen even if you are completely sober. If you agree to the officer’s requests, they will ask you to perform three different tests, each designed to test your reflexes, coordination and ability to think. These tests include the eye test, the one-leg stand test and the walk-and-turn test.
There are many reasons why you might want to refuse doing these tests. For example, you might have lingering injuries or disabilities that might prevent you from doing more physically strenuous tasks. Alternatively, you might simply be in a hurry to go somewhere. Regardless of the motive, you have the right to refuse to do any field sobriety tests, so long as you are willing to face the consequences.
Are you allowed to refuse a field sobriety test?
In South Carolina, you are allowed to refuse field sobriety tests because they are completely voluntary. You will not have to worry about receiving DUI charges or having your license suspended. Despite this, refusing a field sobriety test will have weight in court as potential evidence of impairment. Police officers can also arrest you if they have reason to suspect you were driving under the influence as refusing a test might make them more suspicious of you.
It is also possible to refuse breath tests if a police officer requests one, though doing so comes with a lot of risks. Not only can refusing a breath test serve as evidence against you in court, but doing so can also lead to the revocation of your driver’s license. South Carolina has implied consent laws, which means that all drivers in the state consent to chemical testing by default.
What happens if you refuse a field sobriety test?
Though you can refuse the three field sobriety tests without facing automatic penalties, it will be much more difficult to defend yourself in court if an officer arrests you for DUI. Refusing a sobriety test might not be the same as admitting guilt, but it will arouse suspicion amongst police officers and the court can use your refusal against you.
