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Should I take a field sobriety test (FST) if prompted by an officer?

Generally, there are two types of tests the officer may ask you to take. Usually, the officer will start by asking you to take a series of field sobriety tests. Field sobriety tests (FST’s) usually consist of the following tests: (1) walk and turn; (2) one leg stand; and (3) horizontal gaze nystagmus. In Nevada, there is no legal consequence for refusing to take the FSTs, and since these tests are used primarily to gather evidence against you, refusing (politely, of course) to take FSTs is the right decision in most cases.

If you decline to take the FSTs, you should ask the officer if you’re free to leave, or if you’re under arrest. If you’re under arrest, immediately tell the officer you want to speak to your lawyer.

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