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Do You Have to Take Field Sobriety Tests in Kentucky?

On Behalf of | Jan 27, 2009 | Traffic Offenses, Uncategorized

Absolutely not. You are never obligated to prove to an officer or deputy that you ARE NOT committing a crime. It is not illegal to drink and drive, and if you don’t feel comfortable taking the tests, you cannot be forced to. The law presumes you are innocent until the police can develop probable cause that a crime has occurred. Police develop probable cause through bad driving, field sobriety tests and finally, the portable breath test they use to detect the presence of alcohol.

Unfortunately, most officers will arrest you if you refuse to preform the field sobriety tests as directed. But, if you agree to take the tests and do not perform PERFECTLY, you will be arrested and the results of those tests will be used by the government to convict you in a Court of Law.

In my time as a Kentucky DUI Trial Lawyer, I have reviewed cruiser camera tapes where it was obvious the person was scared, nervous or tired and not at all intoxicated and I have heard testimony from officers who have no idea how to administer field sobriety tests, but used them to arrest my client. People are inclined to prove their own innocence, just know that you do not
have to.

If you have found yourself accused of Driving Under the Influence in Northern Kentucky, contact Zachary Smith, a Kentucky DUI Trial Lawyer at (513)238-7900 or

Zachary D. Smith, Attorney at Law
Mark E. Godbey & Associates
708 Walnut Street, Suite 600
Cincinnati, Ohio 45202
513-241-6650 phone
(513) 241 – 6649 fax

This article was written by attorney Zachary D. Smith. For more information, please visit our web site at or call our office at 513-241-6650.