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A lot of people come to me with questions about, “Do I blow, or do I not blow when I’m put at the station?” And the reality is, once you’re at the station with that decision, you’ve already probably made the worst decision you could make, which is to perform the standardized field sobriety test on the side of the road. What many people don’t know is that they have a right to refuse to perform those tests. The police are asking you to do them. They’re voluntary tests, and in truth, most of the evidence that’s collected in a driving while impaired case is collected from the standardized field sobriety tests. I think people need to be aware of is that when they’re on the side of the road, and they’re nervous, and they’re in front of police lights and numerous police, and they’re not going to be at their most coordinated or at their most alert, it is best to just say, “No thank you.” To decline to do the tests, you may be arrested and taken to the station, but they will not collect evidence against you when you’re in such a vulnerable position.
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Wheaton, MD criminal defense lawyer David Moise explainse why you shouldn’t take a roadside field sobriety test.