What can happen if I fail a field sobriety test but I was not drinking? 9 Answers as of June 23, 2015

I was caught running a stop sign and the officer asked me to step out of the car and do a field sobriety test. I was very nervous even though I did not have one drink all day and I do not do drugs so I stumbled a bit and was shaking. The officer took note of that and charged me for a DUI and at the time I did not think of taking a breathalyzer test because I was so nervous. What can I do? Is it too late?

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Universal Law Group, Inc. | Francis John Cowhig
A breathalyzer test is not something that you volunteer for. It's the police officer's responsibility to have you take one. I strongly suggest that you contact an experienced criminal defense attorney for a face-to-face consultation and give him/her all of the facts surrounding your situation. (S)he would then be in a better position to analyze your case and advise you of your options.
Answer Applies to: California
Replied: 6/23/2015
Lawrence Lewis
Lawrence Lewis | Lawrence Lewis, PC
Uh....what are you talking about? You had absolutely nothing to drink and stumbled getting out of the vehicle, AND you were so nervous that when the officer read you the implied consent notice you could not understand what he was saying to you. You do not have to think to ask the officer about a breathalyzer, because he is ASKING YOU. When the officer asked you, your brain went on text time, and you either said no, or failed to respond. Now 10 days later, you want to come up with a brilliant response to the request to breath. Life is played in real time. So, yes it is too late to blow. You can now retain an attorney that thinks in real time, not text time.
Answer Applies to: Georgia
Replied: 6/23/2015
Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
Since you have not provided any time frame, it's impossible to say if now is too late to take action. In Wisconsin, the police always must give you a breath test or blood test, and offer you an alternative test if you want. It sounds like the most you could be charged with is reckless driving or something similar. On the facts you state, there is no evidence to convict you of OWI. Consult a lawyer: there may be more facts to be considered. Good Luck.
Answer Applies to: Wisconsin
Replied: 6/23/2015
Chambers Law Firm
Chambers Law Firm | Dan E. Chambers
You need to consult a DUI attorney and discuss all the facts of your case. You may have a solid defense to the charges.
Answer Applies to: California
Replied: 6/23/2015
Law Office of Robert E McCall | Robert McCall
You need to see an attorney familiar with DUI in your county ASAP.
Answer Applies to: Florida
Replied: 6/23/2015
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    You need to hire a DUI specialist, and do it soon because you have only 10 days to save your license. FYI nobody ever passes field sobriety tests. They're designed for you to fail
    Answer Applies to: California
    Replied: 6/23/2015
    The Law Offices of Harold L. Wallin | Harold L. Wallin
    You need to retain an attorney to challenge the case in court.
    Answer Applies to: Illinois
    Replied: 6/23/2015
    Gates' Law, PLLC | Thomas E. Gates
    You need to retain a DUI attorney to handle your matter.
    Answer Applies to: Washington
    Replied: 6/23/2015
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    Get an attorney and defends yourself. Failure of field sobriety test alone are not much for the prosecutor to base his case upon, there must be other issues.
    Answer Applies to: Michigan
    Replied: 6/23/2015
Click to View More Answers:

Need more information on drunk driving law? Visit our free DUI resource page to learn more.

If you need immediate assistance, fill out a free case evaluation form to connect with a DUI lawyer in your area today!