Do I Have the Right to an Attorney When Asked to Take a Field Sobriety Test?


No, you don’t have the right to counsel, unfortunately, until you are formally placed under arrest. Frankly by this time most DUI arrestees have already said or done too much.   In most cases the officer has already decided to arrest you before asking you to perform the usual roadside tests. In effect, by asking you to perform these tests he’s simply seeking additional evidence against you because these tests are designed and scored to make the subject (you) fail.  The most prudent course of action is to request a lawyer immediately upon being stopped.  Ask the officer to note the time of your request on his or her report. Produce requested documents, such as a driver’s license, proof of insurance, and registration,  and more importantly do NOTHING more.