In 2018 am I required to take the Field Sobriety Tests on the Side of the road?

NO. You are not legally required to take theses tests.

The three (3) Field Sobriety Tests (FST’s) typically administered by a trooper or officer are the Horizontal Gaze Nystagmus (HGN)(pen light), walk and turn and one-leg stand.

Sometimes, the trooper or deputy will administer additional tests such as the ABC’s, backwards count and finger-to-nose among others. She also might administer the portable breath test (PBT). This is the breath test at the scene that is used primarily for establishing and determining probable cause to arrest and is not admitted into evidence, other than for that purpose.

Generally, you need to remember that these tests are voluntary. The upside is that if you pass them the trooper might not arrest you. However, this very rarely happens and the downside is that you are providing evidence and building the prosecutor’s DUI case against yourself. The fact of the matter is that these tests can be difficult under any circumstances for most people.

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