As the 2011 Summer Season gets into full gear there are likely to be a lot more people being stopped and pulled over for suspected DUI's. One of the questions that a lot of people have is whether they should take the roadside Field Sobriety Tests (FST's). The three FST's typically administered are the Horizontal Gaze Nystagmus (HGN)(pen light), Walk and Turn and One-Leg Stand. Sometimes, the Officer or Trooper will administer additional tests such as the abc's, backwards count, finger to nose among others. He or she might also administer the portable breath test (PBT). This is the breath test at the scene that is used primarily for establishing probable cause to arrest and is not admitted into evidence other than for that purpose.
Generally, you need to remember that these tests are voluntary. You do not have to take them. The upside is that if you pass them the officer might not arrest you. However, this rarely happens and the downside is that you are providing evidence and building the DUI case against yourself. The fact of the matter is that these tests can be difficult to perform under any circumstances and alot of completely sober drivers will fail them.
