I believe you are mixing the proverbial "apples and oranges" analogy. The purpose of Field Sobriety Tests (FSTs) is to determine if the operator of a vehicle is impaired to such degree to justify an arrest for DUI; the purpose of a breath test is to forensically determine the blood alcohol concentration. A breath test is corroborative evidence of the motorist's consumption of alcoholic beverage. A breath test can only be directed once the motorist is lawfully arrested for the offense of DUI. Under the Implied Consent law is this state, every motorist gives their "implied consent" to testing when operating a motor vehicle on the public highways of this state. Failure to submit to breath testing may result in the suspension of driver license or privilege to operate under the terms and conditions of the Alabama Administrative License Suspension Act. Field sobriety tests, on the other hand, are voluntary and there is no legal requirement to participate in testing, nor can a lawful arrest be justified simply on the issue that the motorist failed to submit (although in actual practice, failure to undertake field sobriety test is commonly a reason cited by law enforcement to justify the arrest).
Any person arrested for DUI needs the advice and counsel of a qualified criminal defense lawyer at the soonest opportunity. DUI cases are especially complex and involve issues of statutory and Constitutional law, rules of evidence, administrative law, and a number of other issues. Check the Avoo listing under 'DUI/DWI' for a qualified attorney in your area, or check the listing of members of the National College for DUI Defense (NCDD) at: www.ncdd.com
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