If I am stopped by a police officer and he asks me to take a “field sobriety test” because he says he smells alcohol on my breath do I have to take the test?

You have no legal obligation to take a field sobriety test when a police officer asks you to take such a test. The officers will ask you to perform a series of tests that many sober persons could not pass. When they prepare their police report they will use the test results to illustrate why the officer believed you were under the influence and are guilty of a DUI. It is rarely a good idea to submit to a field sobriety test because it provides the officer “ammunition” in which to convince the prosecutor to file charges against you for DUI.

However, the risk you run if you refuse to take a field sobriety test is the police officer will likely arrest you. This is not really that great a risk because in a very high percentage of cases the police officer will arrest you anyway after you complete the field sobriety test. If you choose to blow into a handheld screening device at the scene called a “PAS” machine (preliminary alcohol screening device) and the result is .08 or higher you will almost always be arrested. In these cases it is not wise to submit to a field sobriety test.