DUI Pre-Arrest Screening Phase

Part 3 of 3 Regarding the Anatomy of a DUI Arrest

Field Sobriety Tests (FSTs)

This final phase before arrest, the officer typically will order the suspect out of his vehicle and offer him or her the opportunity to take “voluntary” field sobriety tests (FSTs).  Now the law regarding the taking of field sobriety tests was muddled relatively recently by a June 2016 Washington State Supreme Court case that was later amended by the Washington Supreme Court in September 2016.  Specifically, in State v. Mecham, 186 Wn.2d 128, 380 P.3d 414, 2016 Wash. LEXIS 695 (Wash. June 16, 2016) (the date of the original opinion) (the opinion was ordered amended in parts at State v. Mecham, 2016 Wash. LEXIS 1011 (Wash. Sept. 6, 2016))