The holiday season in Iowa often brings increased law enforcement presence on our roads. This is a proactive measure to deter impaired driving. While the focus on safety is understandable, it's crucial for every Iowa resident to understand their rights when pulled over. One common interaction involves field sobriety tests (FSTs). Do you have to take them? The answer, for Iowa drivers, might surprise you.
Understanding Field Sobriety Tests
Field sobriety tests are a series of evaluations officers use to assess a driver's physical and mental impairment. The most common FSTs include:
Horizontal Gaze Nystagmus (HGN): The officer observes the involuntary jerking of your eyes as you follow a moving object.
Walk-and-Turn Test: You are instructed to walk nine heel-to-toe steps along a straight line, turn, and return.
One-Leg Stand Test: You are asked to stand on one leg for a specific period while counting.
These tests are designed to provide officers with probable cause for an arrest for Operating While Intoxicated (OWI). However, their scientific validity has been called into question, with studies suggesting they can lead to false positives even in sober individuals. Factors like fatigue, medical conditions, or even the type of footwear can influence performance.
Your Right to Refuse in Iowa
Here's a critical point for Iowa drivers: You are not legally required to submit to field sobriety tests. These tests are voluntary. The Fifth Amendment of the U.S. Constitution protects you from self-incrimination, and performing FSTs can provide the prosecution with evidence they will attempt to use against you.
Police officers are not obligated to inform you of your right to refuse FSTs. If you decline, they cannot legally compel you to perform them.
What Happens If You Refuse FSTs?
While you have the right to refuse FSTs, it's important to understand the potential implications. Refusing these tests will not, by itself, result in an automatic license suspension or other direct penalties. However, it may strengthen an officer's suspicion and could lead to them seeking further evidence, such as a chemical test.
The Distinction: Field Sobriety Tests vs. Chemical Tests
This is where many Iowans get confused. While FSTs are voluntary, Iowa's "implied consent" law applies to chemical tests (blood, breath, or urine tests). By obtaining an Iowa driver's license, you have impliedly consented to these tests if an officer has reasonable grounds to believe you are operating while intoxicated.
Refusing a chemical test in Iowa does carry significant consequences, including an automatic driver's license suspension (one year for a first refusal, longer for subsequent refusals). This suspension can take effect immediately, regardless of whether you are ultimately convicted of an OWI.
Navigating an OWI Stop
During a holiday season traffic stop where OWI is suspected, remember these key principles:
Be Polite and Calm: Always interact respectfully with the officer.
You Have the Right to Remain Silent: Beyond providing your license, registration, and proof of insurance, you are not obligated to answer questions that could incriminate you.
Field Sobriety Tests are Voluntary: You can politely decline to participate in FSTs.
Implied Consent for Chemical Tests: Be aware that refusing a chemical test carries penalties under Iowa's implied consent law.
Request an Attorney: You have the right to request to speak with an attorney before making a decision about chemical testing. The police must provide you with a reasonable opportunity to do so.
OWI & DUI Attorneys in Iowa City Ready to Protect Your Rights
The holiday season should be a time for joy, not legal peril. If you find yourself facing an OWI investigation in Iowa, the decisions you make at the roadside can profoundly impact your case. Understanding your rights, particularly regarding field sobriety tests, is paramount.
If you are pulled over this holiday season and an OWI investigation ensues, remember that you have options and rights. For experienced and results-oriented legal representation, contact Keegan, Tindal & Jaeger. Our firm is dedicated to protecting the rights of Iowans and will work diligently to achieve the best possible outcome for your situation. Don't face OWI charges alone; let our legal team guide you.
Call (319) 499-5524 now for a consultation with us.
