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Are field sobriety tests considered constitutional searches?

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  • Videojug
  • Videojug
  • 5:41
  • Yes
  • 360p
  • 640x360
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  • h.264
  • 900kbps

Are field sobriety tests considered constitutional searches?

Neil Shouse (Defense Attorney) gives expert video advice on: What is 'probable cause' as it applies to a DUI?; Are police DUI checkpoints constitutional?; What is suppression of evidence in a DUI case? and more...

Field sobriety tests are considered constitutional searches. However, unknown to many people, field sobriety tests are voluntary. That means the police cannot require you to do them. Oftentimes, the police will not tell you that they're voluntary, but in fact they are, and I advise people not to perform them.

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