Can I Refuse The Field Sobriety Tests In New Hampshire?

Transcript:

My name is Ted Lothstein. Since 1994, I have defended literally thousands of people accused of crimes in federal and state courts throughout New Hampshire. One of the questions that’s most frequently asked of me, by clients, but also by their lawyers and other people that I know, is “can I refuse the field sobriety tests?” Well, the law is quite simple in New Hampshire. Unless you’re arrested, unless you’ve been handcuffed and taken to the station, there is absolutely no penalty whatsoever for refusing to do the field sobriety test - for just sitting in your car and saying “no thank you, I don’t feel comfortable doing those”.

Starting in the late ‘70s, the National Highway Traffic Safety Administration promulgated standards for field sobriety testing. Standardized field sobriety testing means that police officers are supposed to administer the test, instruct it to the driver, and score the test the same way every time. But the fact is, many police officers make errors in how they instruct the test, in how they score the test, and in how they administer it.

In my case practice, I’ve found that field sobriety tests are actually, usually one of the best places to challenge, and try to up-end the DWI prosecution.