WHY REFUSE FST'S?
Field Sobriety tests are quite subjective in nature and can be influenced by a number of factors that have nothing to do with level of intoxication. Perhaps you have physical ailments or simply forget the directions, a skilled Seattle DUI attorney will be able to create doubt and can even convince a prosecutor that they will lose the case if they bring it to court.
Although police and prosecutors consider these tests strong indications of inebriation, the Seattle DUI lawyers at Bradley Johnson Attorneys can and have, time and again, successfully challenged the results of these tests.
It is important to note that whenever you drink, mental impairment will present itself before physical impairment. Many of these tests assume that the mere existence of physical impairment indicates that the driver is under the influence of alcohol, which not only illogical but almost always not the case.
Furthermore these tests are usually administered on busy streets or highways, making it difficult for even a completely sober person to successfully carry them out.
Even the calmest of us will become stressed and nervous quite fast when pulled over on the side of a busy road, and asked by a police officer to perform a test that can determine whether or not they will be hauled off to jail.
Finally, FST's are voluntary in the State of Washington. That said, you have no reason to take them even under ideal conditions given their unreliability and level of difficulty.
Refusing to take the tests will probably cause the officer to become suspicious, and chances are he will use your refusal against you. Nevertheless, particularly if you have been drinking, partaking in these tests is not advisable.
Do not give an officer or the future prosecutor evidence to use against you later. Make it easy on yourself and your Seattle DUI attorney by refusing to take these tests.
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