If you're stopped for suspected drunk driving in Idaho, the officer may ask you to perform field sobriety tests (FSTs). These roadside exercises measure coordination, balance, and attention—all factors that may indicate impaired driving from alcohol or drugs.
Many Idaho drivers don't realize that they are not legally required to take these tests in Idaho. But before you refuse to cooperate with law enforcement officers (LEOs), knowing exactly what your rights are and when lack of cooperation could land you in trouble is crucial.
DUI stops can be very intimidating. While most people have a vague understanding of what a DUI stop may involve, it's easy to get flustered and nervous if you suddenly find yourself in that situation. Before you step out of your vehicle and start walking a line or following a pen with your eyes, it's essential to understand what field sobriety tests are, how Idaho law treats them, and what your rights are during a DUI stop.
At Sullivan Law Office, PLLC, in Coeur d'Alene, Idaho, we represent clients in North Idaho who have been accused or charged with criminal conduct, including DUIs. Our job is to advise and represent criminal defendants to protect their rights, provide a robust defense, and guide them toward achieving the best possible outcome for their situations.
What Are Field Sobriety Tests?
The most commonly used field sobriety tests come from the National Highway Traffic Safety Administration (NHTSA). These are sometimes called the Standardized Field Sobriety Tests (SFSTs). Here are some of the SFSTs that LEOs may ask you to perform:
- Horizontal Gaze Nystagmus (HGN): Following a pen, flashlight, or finger with your eyes while the officer looks for signs of impairment, such as involuntary jerking of the eyes.
- Walk-and-Turn: Walking heel-to-toe in a straight line, turning, and walking back.
- One-Leg Stand: Balancing on one leg while counting aloud.
An officer may also use non-standard tests, such as reciting the alphabet or touching your finger to your nose. None of these tests are foolproof. There are many reasons a sober person may "fail" such a test, including fatigue, medical conditions, nervousness, uneven ground, or even cold weather.
Are You Required to Take a Field Sobriety Test in Idaho?
The short answer is “No.” Under Idaho law, you are not required to take an SFST, even when asked by an LEO. Refusing an SFST does not carry an automatic penalty. However, LEOs may still arrest you for a DUI if they believe they have other sufficient evidence of impairment.
During a DUI stop, in addition to or alternatively to an SFST, an officer may ask you to blow into a portable handheld breathalyzer (PBT) at the roadside. Like the SFSTs, you can refuse a roadside PBT. Nevertheless, the LEO may mention the refusal in the police report and it could influence the officer's decision to arrest you.
If arrested, you will be asked to take a chemical test (breath, blood, or urine) at the station. Be aware that, after a lawful DUI arrest, you cannot legally refuse a chemical test without incurring a penalty, because of Idaho's implied consent law. Under this law, all Idaho driver's license holders consent to this test. A refusal at this stage will incur a minimum $250 fine, one-year license suspension, and mandatory one-year installation of an interlock ignition device. Though not a court-imposed penalty, it will likely result in increased insurance costs and other practical and social impacts.
How Officers Use FST Results
Officers use FSTs to help establish probable cause for a DUI arrest. If you fail or refuse the test, the officer may use that refusal or perceived failure as justification to arrest you. If you refuse, do it politely but clearly, and affirm that you are exercising your right to refuse.
However, suppose you agree to take a test because you know that you are not impaired by drugs or alcohol. In that case, it's important to remember that "failing" a field sobriety test does not prove that you are guilty of a DUI. It's just one factor in the officer's overall arresting/charging decision. If you are arrested in Idaho for DUI your attorney can challenge the legality of the stop, the reliability of the field sobriety tests, and even the validity of chemical test results.
Protect Your Rights During a DUI Stop
While you can refuse an FST, that does not get you out of the woods when it comes to a DUI stop; it's just one aspect of the LEO's procedure. The complete process will be more involved. As a general guide:
- Stay calm and respectful. Don't argue or act aggressively.
- Provide the required documents per the LEO's request: license, registration, and proof of insurance.
- Know you can refuse FSTs and PBTs. Politely decline if you choose not to take them.
- Do not admit to drinking. You have the right to remain silent beyond providing identification and the necessary documents.
- Ask for an attorney as soon as possible. If arrested, do not answer questions about the facts of your case until you have advice from legal counsel.
For Idaho DUIs, Having an Attorney to Represent You is Crucial
DUI cases in Idaho can have long-lasting consequences—including fines, incarceration, a permanent criminal record, and the loss of your driving privileges. An experienced defense attorney can:
- Challenge the legality of the stop and law enforcement procedures.
- Question the validity and reliability of the field sobriety tests, including pointing out unusual situations (e.g., cold or windy weather, uneven surface, location of the stop, etc.).
- Review whether the LEO violated your rights so that that evidence can be excluded from a potential trial.
- Negotiate for reduced charges or alternative sentencing.
If you've been arrested for DUI in Idaho, contact Sullivan Law Office right away. We'll review your case, protect your rights, and fight for the best possible outcome. The sooner you act, the better prepared we can be to defend you. Don't take chances when your freedom and your rights are at stake.
The general legal information provided here should not be considered legal advice for any specific individual or case.