What You Need to Know About Your Rights — and Why Hiring a Private Attorney Can Make a Real Difference

Are Field Sobriety Tests Required by Law?

If you’ve ever been pulled over and asked to step out of the car for a DUI investigation, you probably remember that moment when the officer says, “I need you to perform a few tests for me.” What most people don’t realize in that situation is that they are not legally required to perform field sobriety tests. That’s right — in the majority of states that use the term DUI, these tests are voluntary.

I’ve worked with many clients who believed they had no choice but to comply. They didn’t know they could respectfully decline. They were trying to be helpful or avoid trouble, but what ended up happening was far worse. Their attempt to cooperate gave the officer all the evidence needed to arrest them. And that’s exactly why understanding your rights is so important — especially when it comes to field sobriety tests.

What Are Field Sobriety Tests?

Before we talk about your rights, let’s go over what these tests are. There are three standard ones used by officers:

  • The horizontal gaze nystagmus test (the one where you follow a pen or finger with your eyes)
  • The walk-and-turn (walking heel to toe in a straight line)
  • The one-leg stand (balancing on one leg for a set number of seconds)

The purpose of these tests is to help officers decide whether you might be impaired. But here’s the issue — the results are highly subjective. Officers are looking for what they call “clues” of impairment, and those clues can come from small, almost unnoticeable things. If your arms move, if your balance is off for a second, or if you take the wrong number of steps, it’s counted against you.

And yet, many people are expected to perform these tests on uneven pavement, in poor lighting, next to traffic, and often while nervous. I wouldn’t ask anyone to walk a straight line under those conditions and expect perfection — and yet that’s what these tests assume.

Are You Legally Obligated to Take the Tests?

Here’s the short answer: No. You are not required by law to perform field sobriety tests. In most states that use DUI laws, officers are allowed to ask, but you are allowed to say no.

What makes this confusing is that officers don’t always explain that these tests are voluntary. They may phrase it as a command: “Step out and perform these tests.” Or they might frame it in a way that makes you think you’re required to comply.

That’s why knowing your rights matters. If you politely decline the tests, you’re not breaking the law. You’re not resisting. You’re protecting yourself. The officer may still decide to arrest you, but now they’ll have to justify it based on other observations — not based on subjective tests.

Why Field Sobriety Tests Are Unreliable

I’ve seen people fail these tests for reasons that have nothing to do with alcohol. Poor balance. Bad knees. Nerves. Inner ear problems. Shoes that don’t support your feet. Even age plays a role — someone in their 60s might not have the same balance as someone in their 20s, and that has nothing to do with being under the influence.

Officers are supposed to consider these things, but often they don’t. They’re under pressure to move quickly. They already suspect impairment before the test begins. That makes it easy to interpret innocent behavior as signs of intoxication.

When I take on a DUI case, I immediately review how the tests were given. I check to see if the officer followed proper procedures. I look at your background — health conditions, age, weight, footwear, even the weather. These details matter, and a private attorney can give your case the attention it deserves.

What Happens If You Refuse the Tests?

Refusing a field sobriety test does not result in automatic penalties in most states. These tests are not the same as a chemical breath or blood test, which often carry implied consent laws. If you decline a breath or blood test after arrest, that might lead to a license suspension. But field sobriety tests? That’s different.

The officer may still arrest you, but remember — they need enough probable cause. Without the test results, their justification for arrest becomes weaker. And if I’m representing you, I’ll be looking closely at whether that arrest was legally supported.

If the officer relied on your refusal as the main reason to arrest you, that may be a legal issue we can raise in court. However, the window to challenge it is short, which is why hiring a private lawyer immediately is critical.

What If You’ve Already Taken the Tests?

Maybe you didn’t know you could refuse, and now you’re worried because you performed poorly. Let me tell you something: all hope is not lost. I’ve helped many clients fight DUI charges even after taking field sobriety tests.

Here’s what I do — I start by obtaining all the video evidence, including dashcam and bodycam footage. I study how the officer gave the instructions. I analyze your performance. I compare what’s in the report to what’s on the video. Many times, they don’t match.

I also look at your physical and medical history. If you had a condition that made it difficult to stand, walk, or balance, we bring that to the court’s attention. I’ve even worked with doctors who can provide statements explaining why your performance had nothing to do with impairment.

This level of defense takes time and focus — and that’s something private attorneys can provide. Public defenders may not have the ability to dig into every detail, especially if they’re juggling dozens of cases. Your case deserves more than a quick glance.

Why Early Action Matters

The sooner I get involved in a DUI case, the better I can protect your rights. That includes requesting evidence before it’s deleted, preparing legal motions, and advising you on what to do next. If you’ve refused field sobriety tests and you’re waiting for your court date, don’t wait to get legal help.

And if you took the tests, don’t panic. There may be ways to fight how the tests were given or question the officer’s conclusions. The key is getting a defense started before evidence disappears and before your options narrow.

Protecting Your Future

A DUI conviction can follow you for years. It can affect your license, your insurance, your job, and your reputation. Field sobriety tests are often the first piece of evidence used to justify an arrest — but that doesn’t mean they’re solid. With the right legal approach, we may be able to keep them from being used, or at least raise serious questions about their accuracy.

My goal is always to fight for the best possible outcome — whether that’s getting the charge reduced, keeping it off your record, or challenging the arrest altogether. And it all starts with how your case began — that moment on the side of the road when the officer asked you to perform a test you didn’t have to take.

Field Sobriety Test Frequently Asked Questions

 

Are field sobriety tests mandatory during a DUI stop?

No, they are not. In most states that use DUI laws, these tests are voluntary. Officers may not clearly explain that, but you can politely decline. Refusing does not result in an automatic license suspension like a chemical test might.

Will I get arrested if I refuse the field sobriety tests?

You might. But if the officer arrests you, they’ll need to show that they had enough evidence to do so without relying on the test results. That’s something your attorney can challenge if the arrest wasn’t supported by other signs of impairment.

Do police officers have to tell me that the tests are voluntary?

In many states, officers are not required to inform you that you can refuse. That’s one of the reasons people take the tests — they assume it’s required. But once you know your rights, you can make a more informed decision during a stop.

What if I already failed the field sobriety tests?

All is not lost. A private attorney can review how the tests were conducted, look at your medical and physical conditions, and compare the report with video evidence. If there were mistakes or unfair assessments, we can use that to challenge the case.

Can poor weather or road conditions affect the results?

Absolutely. Slippery surfaces, uneven ground, poor lighting, and heavy traffic noise can all impact your performance. Officers are supposed to take these into account, but they don’t always do so. If these factors played a role, your attorney can raise them in your defense.

Is there video of my field sobriety tests?

Often, yes. Many patrol vehicles and officers wear cameras. That footage can be crucial in showing what really happened. It’s important to request it early — and that’s one of the first things I do in a DUI defense.

Can I be convicted of DUI based only on field sobriety tests?

Technically, yes, but it’s not common. Most cases involve additional evidence, like a breath or blood test. That said, if field sobriety tests were the main reason for your arrest, there may be ways to fight the charge by focusing on their unreliability.

Should I talk to a lawyer even if I passed the tests?

Yes. Passing the tests doesn’t mean you’re safe. Officers can still arrest you if they claim you showed other signs of impairment. A lawyer can help protect you, examine the evidence, and make sure your rights are respected at every step.

Contact Musca Law 24/7/365 at 1-888-484-5057 For Your FREE Consultation

Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending people charged with a criminal or traffic offense. We are available 24/7/365 at 1-888-484-5057 for your FREE consultation.