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I know I can refuse to take the preliminary breath test at the scene, but if the officer asks me to do the field sobriety tests, must I?

A: There is no statute requiring a person to perform field sobriety tests. Therefore, if you elect to perform them in the hope that you will successfully complete them and be on your way, then you do so at your own risk. If you decline to perform them, all the officer can do is charge you based upon the evidence he has at that time, or let you go. If you have a physical impairment that affects your balance or flexibility, or if you have been taking medication, be sure to tell the officer that before performing any sobriety tests. In addition, an independent study at Clemson University indicated even veteran law officers err 48% of the time in identifying sober persons (having zero BAC) as “too drunk to drive” based on the FSTs alone.

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