First and foremost if you have been pulled over for DWI / DUI you do not have to take any field sobriety tests. The only test that has ramifications for refusing is the breathalyzer test given after you are arrested. This means that any test that the officer asks you to perform at the scene should be refused, including the portable breath test located in the officer's patrol car.
The reasons for refusing the field sobriety tests are as follows:
1. You don’t have to take the tests and therefore your refusal of them is not admissible in court
2. The tests administered at the scene are difficult to pass regardless of the sobriety of the test taker
3. The tests are rarely administered correctly by the officer
4. The results of the test are largely based on the officer’s opinion
5. Without an officer’s testimony that you failed the field sobriety tests, it will be difficult for that officer to justify why you were arrested for DWI / DUI
These field sobriety tests are usually the main pieces of evidence that the state will use against you at a DWI / DUI trial. Without them, a prosecutor will have a tougher time proving to a judge or jury that you were driving while intoxicated.
You need to be aware that the breath test performed at the station after an arrest for DWI / DUI is not a "field sobriety test", and if the officer does arrest you for DWI / DUI and asks you to blow on the breathalyzer at the station, you should request an attorney before making that decision (as there are ramifications for refusing that test).
Remember an officer must allow you a reasonable period of time to contact a lawyer if you are arrested for a DWI / DUI. BUT ONLY IF YOU ASK FOR IT. Once you consult a DWI lawyer and discuss the possible ramifications of refusing a DWI breath test, only then should you make a decision about whether to take the breathalyzer test. If you have been charged with a DWI / DUI in St. Louis or anywhere else in Missouri contact DWI lawyer Justin Summary.