Police officers are charged with maintaining public safety. If you’ve been pulled over and the officer suspects that you may be impaired, they will likely order you out of the car and request that you consent to standardized field sobriety tests. You can, by the way, refuse to take the field sobriety tests. And it is recommended that you decline to take them.
Your performance on the field sobriety tests assist the officer in forming probable cause that you are impaired. Probable cause is subjective—it’s what the officer thinks at the time. It’s a very low standard.
Once You’re Out of the Car, You’re Probably Going to Be Charged
Chances are if the officer orders you out of the vehicle, it is because they have observed some of the so-called tell-signs of drinking: red, bloodshot, glassy eyes; odor of alcohol; and slurred speech. Once you’re out of the car, there is a high chance you’ll get arrested. Why? If you have been ordered out of the car, it’s because the officer suspects that you are impaired or have been drinking.
A police officer, whose duty is to maintain public safety, is going to be very apprehensive about letting a person get back in a car if they suspect that you’ve been drinking. That’s why it’s rare to hear about a person “passing” field sobriety tests.
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