If you do get stopped for suspicion of DUI should you do the Field Sobriety Tests (FST's) and take a breath test? The answer to this question is complicated. If you are not impaired, but you did have some alcohol to drink, you should probably perform the Field Sobriety Tests if requested by law enforcement. Always be calm and be respectful to the officer even if they are not respectful towards you. Remember that the Field Sobriety Tests are "divided attention tests." This means the police are testing your ability to listen to complicated instructions while maintaining a test starting position. If you step out of the starting position while the officer if giving instructions, or if you start the test before you are asked to start - you have already failed the test. So, listen carefully and follow instructions. Ask the officer to repeat the instruction or clarify anything you are unsure of.
If you refuse to take the FST's you will probably be arrested. However, if you take the FST's you will probably be arrested anyway. I have seen many FST videos where the client looks great doing the FST's on video, but nevertheless, they were arrested and requested to take a breath test. You take the FST because you did not have much to drink (one two or three drinks over a couple of hours) and you are not impaired. It's very difficult for a prosecutor to get a DUI conviction if the defendant looks good on the FST video. It's important that if you have any infirmities you tell the officer. If you have a bad knee, tell the officer about your knee surgery and that if affects your gate and balance but that you will do your best.
If you believe you are impaired then invoke your right to remain silent and refuse all FST's.
Part three to come.