Do You Have to Take a Field Sobriety Test in Wyoming?
When facing a DUI charge in Wyoming, a critical piece of evidence is how you perform on the Field Sobriety Test (FST). The test helps the police officer to determine if you are physically or mentally impaired by alcohol or drugs.
FSTs are controversial because they are not always accurate. With the help of an experienced Gillette DUI lawyer, it is sometimes possible to have your FST performance excluded at trial.
People charged with a Wyoming DUI usually have many questions about Field Sobriety Tests, so let’s take a closer look.
Wyoming Field Sobriety Tests
In Wyoming, the police may use several types of Field Sobriety Tests. The most common are
- Horizontal gaze nystagmus test (eye test)
- Walk and turn test
- One-legged stand test
These tests measure how well you follow directions and make decisions in an attempt to show impairment. Studies show that law enforcement is better at detecting impairment when administering these three tests.
However, you should be aware that these tests will not automatically count against you in Wyoming, you can even refuse to take them altogether.
You Can Refuse A Field Sobriety Test
To be convicted of DUI in Wyoming, you must have a blood alcohol concentration (BAC) of .08% or higher. However, the police officer can still arrest you for DUI with a lower BAC if you show signs of intoxication.
When police officers stop you, they will probably ask you to take a field sobriety test. You have the right to refuse the FST, but Wyoming’s implied consent law states that all drivers give their consent to have their BAC checked when they drive in the state.
If you refuse the field sobriety test, you will probably be arrested for DUI. Then, they will confiscate your driver’s license and give you a ‘Notice of Suspension.’ You have 20 days from the date on your Notice of Suspension to ask for a Contested Case hearing at the Wyoming Office of Administrative Hearings.
Your Wyoming DUI attorney can help you with this hearing to increase your chances of keeping your driver’s license while the DUI case proceeds.
Legal Limits of Field Sobriety Tests
Even when FSTs are conducted flawlessly, they are imperfect tools and are not always 100% accurate. If you make any small mistake on the tests, the police will assume you are impaired.
Even when you are sober, making mistakes that lead to a DUI arrest is possible. Common issues that crop up during field sobriety tests include:
- Police mistakes when administering the tests
- Your lack of coordination
- Stress and nervousness when being tested by the police
- Some medical conditions
- Uneven pavement and other environmental conditions
A skilled Wyoming DUI attorney will review how the FSTs were performed to determine if they were performed correctly and fairly.
Contact an Experienced Wyoming DUI Lawyer Today
If you are charged with a Wyoming DUI, you face a jail sentence of up to six months, a fine of up to $750, and a 90-day license suspension. In addition, you may get up to three years of sobriety monitoring, treatment, and court supervision. Also, if you refused the field sobriety tests, you could lose your driver’s license while the case is litigated.
So, get in touch with the experienced Wyoming DUI lawyer Steven Titus & Associates, P.C. at (307) 257-7800 right away. We can help you contest the charge, challenge the FST results, and obtain the best possible case result.
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