Client’s often agree to perform the field sobriety tests on the road, (Walk and Turn, Once Leg Stand Test and HGN), but then refuse to submit to a breath test at the police station.
Although the state prosecutor does not have a breathalyzer result, they still have evidence that you were not able to properly perform the field sobriety tests. Further, the fact that you refused to submit to a breathalyzer is evidence that is used against you in court.
As an attorney, my job is to explain to the court why you did not pass the road side tests. For example, I recently had a trial where my client was diabetic. His performance on the tests were awful, he clearly failed the tests. He also refused to take the breath test at the station.
I explained that my client’s very poor performance was due to his diabetic condition. My client also testified that he refused to take the breath test because he was so upset about being arrested.
The judge found him not guilty.
Generally, if the officer claims you failed the road side tests we have to explain to the judge why you failed the tests or that the officer was unfairly grading the tests and that you actually passed the road side (field sobriety) tests.