Olympia DUI Attorneys

Serving all of Thurston County

Field Sobriety Tests in Washington State

Our Olympia DUI attorneys are frequently asked whether or not  a person is required to submit to taking roadside filed sobriety tests after being requested to do so by the law enforcement officer who stopped their vehicle.  The answer is no. 

Despite what the officer may have lead you to believe at the time of your arrests, these tests are not required.  They are entirely voluntary.

These field sobriety tests are not mandatory under Washington State's drunk driving laws, and you have absolutely no obligation to submit to them.   In fact, under Washington field sobriety test law, as interpreted by our appellate courts, officers are actually required to specifically inform you at the time of their request that these tests are entirely “voluntary”.

Based on our years of experience in handling hundreds of Washington DUI cases, however, it appears as if a significant percentage of Washington law enforcement officers fail to do so.  Indeed, their “request” is frequently more in the form of a command, and our clients frequently tell us that they felt as though they had no choice but to comply with the officer’s "request" that they perform these tests. 

Many clients tell us that the officer essentially just demanded that they do these tests and inferred that if they did not things would go much worse for them.  Of course, this is never what the officer states in his reports.

As a practical matter, the DUI “form” reports utilized by most Washington state law enforcement agencies invariably always claim that their request was “voluntary” and that our client "agreed" to submit to the tests.  In our experience, however, it is obvious that many Washington police officers simply use the same or a very, very similar report over and over and are merely changing the name of the person arrests for Olympia DUI and a few other details here and there depending on the specific facts and circumstances of the case.

Regardless, it is important for you to know and to understand that all field sobriety tests are completely voluntary and you should always refuse to submit to them, even if you believe that have not had enough to actually impair your motor skills.  You should also politely, but firmly refuse to take a breath test by the side of the road.  They hand held portable devices are inaccurate. 

Instead, you should tell the officer that you wish to speak with an attorney immediately and that you will submit to a breath test back at the station or local precinct, but only after speaking with an attorney.

In our opinion, these field sobriety tests are not only fundamentally unfair but fatally flawed. There are a number of reasons why someone might allegedly perform poorly on these test based on an officer’s subjective interpretation.  And, many, if not most of these reasons have absolutely nothing to do with alcohol or drug impairment.  Things like age, nerves, lack of sleep, medical condition and related health issues, general lack of coordination, prior physical injuries, and the actual roadside conditions under which they were performed, are just a few.

We are Olympia DUI Attorneys and Field Sobriety Test Lawyers in Thurston County, Washington (WA).  Our experienced Olympia Drunk Driving Attorneys serve clients in Olympia and Washington State when they have been arrested or charged with Driving Under the Influence of Intoxicants.