Your Right to Refuse to Exit Your Vehicle to Submit to Field Sobriety Tests

Posted by Joseph Fricano | Mar 13, 2012 | 0 Comments

Any New Hampshire DUI attorney will tell you that when it comes to field sobriety tests in the state of New Hampshire, you should know that you are not required by law to take part in any of those tests, and you can refuse to do so without repercussions.

As a matter of fact, as a general rule, whenever you get pulled over by the police, you should stay in your vehicle, talk as little as possible, and provide your license and registration to the officer when requested. Always be polite, and do not argue with the officer. You should also be aware that you are not required to answer questions about where you've been, where you're going, or how many drinks you may or may not have had.

Keep in mind that when an officer suspects that you've been drinking, he or she will start evaluating your physical appearance, listening for slurred speech, and looking for the presence of (or smell of) alcohol immediately after you've been pulled over. That said, when you do speak, always speak clearly and calmly, and never say more than you need to.

When officers believe that you have been driving while under the influence of alcohol or drugs, they will likely ask you to get out of the vehicle to do a series of field sobriety tests because such tests will allow the officer to assess your coordination; however, as noted above, you can politely decline to take part in these tests.

If you are unsure of your rights with respect to your refusal to take part in a field sobriety test, and you believe that you could benefit from the services of a skilled New Hampshire DUI attorney, please contact Joseph Fricano at (603) 880-6100 for a free consultation.

About the Author

Joseph Fricano

I began studying the criminal justice system as an undergraduate while attending St. Anselm's College. I graduated with honors in 1995, and I worked the summer of 1995 as a part-time Police Officer in York, Maine. During the fall of 1995, I joined the United States Marine Corps. While I was serv...


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