DUI Field Sobriety Tests Are Voluntary...

Someone's pulled over for having a tag light out, or for speeding, and the officer notices what he or she believes to be alcohol on the driver's breath.  He starts a DUI investigation and says, "Sir/Ma'am, I need you to perform a series of field sobriety evaluations just to make sure you're safe to drive tonight."  So, the driver gets out and follows all the officer's commands, performs all the field sobriety test, is arrested for DUI, booked into the jail, and the evidence of the person's field sobriety test are used as evidence against them at trial. 

    Can the officer do this, sounds like the person is being asked to incriminate themselves without even being warned?  The laws allows it, and what's more, the officer does not even have to inform the driver that these tests are voluntary.  You must know and assert your rights. 

    Coming up next, we'll talk about the accuracy and the problems associated with the standardized field sobriety test used by law enforcement officers.