During a DUI stop in Kentucky, an officer may ask you to step out of the vehicle and perform roadside exercises to help them gather evidence for a DUI charge. This often happens if they suspect you are driving under the influence. Many drivers assume these tests are mandatory. However, they are not the same as chemical tests, which means that the legal consequences of refusing them differ.
Field sobriety tests vs. chemical tests
Field sobriety tests are physical exercises officers use to help them decide if there is probable cause to make a DUI arrest. On the other hand, chemical tests investigate your breath, blood or urine for traces of alcohol and other illegal substances that impair your ability to drive.
Under Kentucky’s implied consent statute, drivers consent to chemical testing by default if an officer has reasonable grounds to believe they were operating a vehicle under the influence. Refusing a chemical test can lead to license-related penalties under Kentucky Revised Statutes Section 189A.107, including suspension.
Can you refuse a field sobriety test in Kentucky?
Kentucky’s implied consent law applies to chemical testing, but it does not apply to field sobriety tests. In most situations, a driver may decline to perform field sobriety tests without facing a separate statutory penalty for that refusal.
However, refusal does not end the investigation, and doing so may arouse an officer’s suspicion. The officer may rely on other observations, such as erratic driving, the smell of alcohol, slurring speech, bloodshot eyes or statements you make during the stop. An officer can also document your refusal in the report and may consider it when deciding whether or not there is probable cause to arrest you.
If the officer makes an arrest, they can then request a chemical test under Kentucky’s implied consent law. Refusing that chemical test can result in the suspension of your driver’s license.
What happens if you refuse a test?
Refusing field sobriety tests changes the evidence the officer gathers, but it does not prevent a potential DUI arrest. If an officer pulls you over, it is essential to stay calm, provide any identification they request and remember your rights. By acknowledging that field sobriety tests are voluntary and that chemical tests fall under Kentucky’s implied consent law, you can avoid taking physically strenuous exercises if you know that you can prove your innocence through other means, such as breath or blood tests.