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Posted by Leigh Ann Bauer | Dec 18, 2023 | 0 Comments

If you are stopped by law enforcement for suspicion of driving under the influence, NEVER agree to perform the standardized field sobriety tests.  Most drivers do not realize that these tests are optional only.  You should never attempt to perform them.  In fact, if you decline these tests, you cannot receive a greater charge.  You will hear the Officer say, "If you do these simple tests, we will let you get back on your way."  Don't buy it.  The Officer is asking you to perform roadside testing to collect information that can be used against you in your DUI case.  The Officer will coax you in many different ways to encourage you to submit to the tests. In one case I defended, the Officer actually told my client that the field sobriety tests were not a test.  Don't fall for this misleading statement.  Remember, the field sobriety tests are only as reliable as the officers administering them.  The National College of DUI Defense, of which I am the Delegate for the State of Alaska, conservatively places the actual accuracy of one of the sobriety tests at approximately eighty percent.  This means that eighty percent of law enforcement officers in Alaska perform this test inaccurately.  I analogize this to an officer grading his own math exam.  Of course he is going to give himself a passing grade, so always decline them.   

About the Author

Leigh Ann Bauer

I decided to become a lawyer while working for my father's law firm when I was in high school. I watched my father try cases, and decided that I wanted to become a trial attorney. In 1984 I spent a year abroad, studying at the Gymnasium Mussenredder in Hamburg, Germany. I graduated from the Univ...


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