What happens if I fail a field sobriety test?

Answer: A field sobriety test is used by police officers to assess if you are driving under the influence of an illicit substance. There are several field sobriety tests. For example, you might be asked to walk in a straight line or submit to a breathalyzer test.  If you fail your field sobriety test, then there are a few things that you should keep in mind as far as the rules for field sobriety tests vs. breathalyzers.

Possible Repercussions

  • You might be arrested if you fail a field sobriety test.  The whole point behind taking a field sobriety test is for the police officers to establish what is known as probable cause.  This means if you fail, you can be arrested not only because you failed a field sobriety test but also because the police have established probable cause to issue a DUI or OUI.
  • Failing a field sobriety test could possibly be used as evidence against you  during a criminal prosecution.  If you are charged with a DUI or a OUI, then the arresting officer could be called into court to testify against you for your failed field sobriety test.
  • Due to the police establishing probable cause from the failed sobriety test, you may face prison time if found guilty of your DUI.  Failing a field sobriety test is not something that you should take lightly.

If you fail your test, you should call a lawyer as soon as possible. A lawyer can help you understand what options, if any, you have for successfully defending against DUI charges.

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