Reader’s Question:

I am doing a research about Drunk Driving in the state of Kentucky. I reckon that you can help me. What is the best thing to do if an arresting officer asks a driver to take a field sobriety test? Would there be any legal consequences if a driver refuses to take a field sobriety test?

Joseph

Lexington-Fayette, KY

Thanks for asking, Joseph.

In Kentucky, there a a lot of Field Sobriety Tests (FST) being conducted but most arresting officers will use 3-5 of the more common options. These are one-leg-stand, modified position of attention (the Rhomberg test), horizontal gaze nystagmus, alphabet recitation, fingers-to-thumb, finger-to-nose, hand pat and heel-to-toe.

The officer has more than likely already decided to make an arrest if he/she requests that the driver submit to the FSTs. If the driver predictably fails, this simply serves as additional evidence for the case. Refusing to submit to an FST should not have any legal consequences unlike the chemical tests. Because of this, the best option is that the driver can politely refuse to submit to any FSTs.

Hope this information would help you in your research. Good luck.