If a law enforcement officer suspects you of operating while intoxicated (OWI) and initiates a traffic stop, you will probably be asked to perform a field sobriety test. Motorists should understand their legal rights, particularly concerning these standardized tests. Please continue reading as we explore the potential consequences of refusing a field sobriety test in Iowa and how a knowledgeable Des Moines OWI Lawyer can help protect your rights.
What is a Field Sobriety Test?
In Iowa, OWI investigations heavily rely on field sobriety tests to establish probable cause for a drunk driving arrest. These tests are often administered roadside during a traffic stop to asses different aspects of a motorist’s impairment. Field sobriety tests aim to gauge a motorist’s balance, coordination, and cognitive abilities. Field sobriety tests can include several assessments, including:
- The Horizontal Gaze Nystagmus Test: This test involves the officer observing the motorist’s eye movements as they follow a moving object like a pen or flashlight. The presence of involuntary eye jerking may indicate impairment.
- The Walk-and-Turn Test: This test involves the motorist taking a prescribed number of steps, placing heel-to-toe along a straight line, then pivoting and repeating the steps in the opposite direction.
- The One-Leg Stand Test: This involves the motorist balancing on one leg for a designated duration, often while counting aloud until instructed to stop.
Officers typically use these tests to observe your balance, coordination, and mental acuity. It’s important to note that your performance on these tests can be influenced by external factors, such as medical conditions, fatigue, or even nervousness.
Can I Refuse to Perform a Field Sobriety Test in Iowa?
Contrary to popular belief, field sobriety tests are not covered under Iowa’s implied consent law. Under this law, by having a driver’s license, you have already implicitly agreed to testing if there is reasonable suspicion you are operating a vehicle under the influence of alcohol or drugs.
Field sobriety tests are considered voluntary, meaning you can politely decline to participate. However, the decision of whether to participate in a field sobriety test can have significant legal repercussions. Unlike refusing a chemical test, which has separate statutory penalties, refusing a field sobriety test doesn’t typically result in the immediate suspension of your driver’s license. Refusing to submit to a field sobriety test can lead to further actions by law enforcement. Your refusal will likely increase scrutiny, resulting in the officer using other evidence to establish probable cause and requesting a chemical test, such as a breathalyzer or blood test, which does have legal consequences if refused.
As you can see, understanding your rights and the legal implications of refusing a field sobriety test is crucial in Iowa. If you are facing an OWI, consulting with an experienced attorney is highly recommended. At Herting Law, PLLC, we are prepared to help you navigate the complexities of the legal system and safeguard your future.
