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For sure, and we have all seen the videos of people trying to stick up for their rights in the wrong way and getting themselves in a world of trouble. And I have been there and it is very hard to tread the line between sticking up for yourself and not getting fucked worse by the police because they have so much power and unaccountable Authority. If they want to arrest you they will. And cooperating on things like sobriety tests outside of a breathalyzer which you cannot refuse without consequence, we'll just give them probable cause as they will lie.
100%. Never ever cooperate with the sobriety test. Just say something like, "I feel like those tests are pretty subjective, so no, I don't want to do that. You can breath test me, blood test me, whatever [because yes those do have consequences if you refuse], because I'm sober [because you ARE sober, as opposed to careening around on the road trying to get my nieces killed RIGHT?]. But no, I'm refusing the field sobriety test, if you want my answer on that."
You'll probably get arrested. It will be a pain in the ass. But, that might have happened anyway, so you might as well start setting things up to advantage yourself in your case. Honestly you can make your own judgement whether maybe it's worth doing a quick HGN test because the cop is for real not sure whether you are sober or not... in general, though, if they're talking to you about DUI, you should ask for a PBT and refuse any physical sobriety test (recognizing that it will make it way more likely that you get arrested). Your lawyer will thank you and you'll basically be fine.
I don't know why people focus so hard on the "getting arrested" part of the equation and not on the "beating the case" part of it, when the second part is far more important. Cops know that, and part of the manipulation that they'll do is kind of making it sound like cooperating with them is going to make getting arrested less likely. The case is the big deal part of it though.
I was accused of being drunk or high and did one of those tests and they said it was a failure even though I didn't show any impairment of motor skills. Arrested me, Drew my blood in the hospital, towed my car, then released me the next morning without charge, only to file charges 14 months later for supposedly having one nanogram per milliliter of THC despite the fact that I had not smoked at all anytime in the range. Had to pay 3K for a lawyer that got it dropped. Plus several hundred to get my car out of impound.
Yeah. Somewhere on YouTube there are plenty of lawyer videos about how to deal with those stops, but basically TL;DR: Refuse the field sobriety tests, be calm and polite, don't answer questions or engage in discussion (aside from providing your name and IDing yourself), cooperate with any kind of medical / chemical test they want you to do.
My least favorite is shining the light directly into my eye at night. I refuse that one straight up. I find it very uncomfortable to have bright lights in my eyes and I do not trust those dipshits and anybody that tells them and is not bad for your vision, and they're doing it in bad faith anyway. Plus I was completely sober. They do that to check the dilation of the pupils apparently. Most illegal drugs do like big pupils but opiates do small.
I don't think most of that is true. Mostly the field sobriety eye test is checking whether your eyes will twitch when they go to the edge of the field of view. They have to shine enough light near your face to be able to see your eyes obviously but if they're shining it right in your eyes they are definitely doing it wrong.
(Fun fact, when I was younger I passed one of those when I should not have. The cop was holding a pen near the edge of my field of view and I could literally see the pen shaking because of my eyes twitching, and for some reason he passed me on the test. I was not especially drunk, so maybe I was below the threshold, but I had been drinking. Who knows. Anyway, don't drive drunk kids. I just saw a bodycam video yesterday of a woman who had gotten in the car just to move it, while she was pretty drunk, and she managed to run over her husband who was near the car and kill him. She was shattered, looked like just a sweet woman who was out having fun and now her life was irrevocably destroyed, I did not finish watching the video.)
I won't say that there are not cops out there that will shine light in your eyes to check your pupil size or something (and definitely small pupils are a sign of drug use... I think mostly it is stimulants shrinking your pupils as almost all of what they're looking for; psychedelics will make your pupils big but that's not what most people they're looking to bust for DUI drugs have taken I think). The standard test is looking for twitching though.
You are talking about a different test assuming it is the same.
No, I am talking about the standardized HGN test. I specifically said I wasn't sure that there were not also cops out there doing something different like you described. The one I was talking about is the present-day standardized field sobriety test with the eyes, though (HGN test).
I had previously let the cops shime a flashlight directly into the eyes to before it is different than what you are talking about it is to check for hope you or cocaine or other drug use that dilates your pupils or consricts them.