Do I Have To Perform The Field Sobriety Tests?

In Nebraska it is not against the law to refuse to perform field sobriety tests. SLS suggests that you politely but firmly refuse to do the field sobriety tests.

The officer uses field sobriety tests to establish probable cause to arrest you for DUI. You may be asked to follow a stimulus with your eyes, walk a straight line heel to toe, recite the alphabet, or hold one leg six inches in the air while counting to 30. Sound easy? Most drivers fail these tests according to the police officer’s judgment. Some people do not do well on balance and coordination tests whether or not they have been drinking. Also, the police officer’s evaluation of the driver’s performance is often much worse than the driver’s evaluation. In addition, the field sobriety tests give the State one more method of convicting you of DUI. It is better not to do them.