If you are wondering what you should do if you are pulled over for DUI and asked to do the Field Sobriety Tests, here are some suggestions.
First, never take the physical field sobriety tests. Don’t walk a line, don’t stand on one leg, don’t do the alphabet, etc. The physical field sobriety tests are difficult and many sober healthy people can’t pass them. Plus those tests are only as good as the officer administering them. If your officer doesn’t administer them or interpret them properly you can be in trouble.
Only take the roadside breathalyzer (PBT or Preliminary Breath Test) if you have had absolutely nothing to drink. If you have any alcohol in your system Virginia statute says that the police can use that result to arrest you and take you to the station. Even if you blow below the legal limit you may be arrested for DUI. IF you have had anything to drink, refuse the PBT or preliminary breath test.
The breath or blood tests that you are offered AFTER you are arrested for DUI are not voluntary in most situations. Refusing to take a blood or breath test after you are arrested for DUI can result in additional civil or criminal charges.
Here is a video from Nichols & Green PLLC that talks about whether or not to take a field sobriety test.