Why Saying No Might Be Your Smartest Move — And Why You Should Talk to a Private Attorney Before You Say Anything Else

Can I Refuse Field Sobriety Tests During a DUI Stop?

If you're reading this after being pulled over and asked to perform field sobriety tests, you're not alone. I've spoken with countless people in the same position. Most had no idea they had a choice. They thought saying no would make them look guilty, or they just wanted to cooperate and get it over with. But the truth is, you can legally refuse field sobriety tests in most states that use the term DUI — and in many cases, you should.

Let me walk you through what that refusal really means, why these tests aren’t as straightforward as they seem, and how having a private attorney makes all the difference in protecting your record, your license, and your future.

What Field Sobriety Tests Actually Are

Before we talk about your right to refuse, let’s be clear about what these tests are. Field sobriety tests are physical and mental exercises used by law enforcement to help determine whether someone is impaired. The three standardized tests commonly used are:

  • The horizontal gaze nystagmus test, where the officer watches your eye movements.

  • The walk-and-turn test, where you walk heel to toe and turn around.

  • The one-leg stand, where you're asked to balance for 30 seconds.

These are used across the country and taught as part of law enforcement training. But they’re not flawless. Officers are looking for what they call "clues" — swaying, missteps, using your arms for balance, or not following instructions perfectly.

What many people don’t know is that these clues are subjective. The officer who already suspects you of DUI is the same one grading your performance. That’s why I always say these tests are not neutral. They’re built on judgment calls.

Are Field Sobriety Tests Required by Law?

No, they are not mandatory. That surprises most people. You can politely refuse to perform field sobriety tests, and in most states, there are no legal penalties for doing so.

These tests are not the same as chemical tests — like a breath, blood, or urine test. Chemical testing is often subject to implied consent laws, meaning that refusal could carry automatic license suspensions or other consequences. But that doesn’t apply to field sobriety tests. You are not legally obligated to perform them.

If you choose to decline, you should do so calmly and respectfully. You can say something like, “I prefer not to take any field sobriety tests without speaking to an attorney.” That protects your rights without escalating the situation.

Why Refusing May Be the Right Decision

Here’s what I’ve seen time and again — people try to be helpful. They think if they just pass the tests, the officer will let them go. But these tests aren’t as easy to pass as they seem. I’ve represented people who hadn’t had a drop to drink but failed the walk-and-turn because they were nervous, tired, or standing on uneven ground.

And once the officer decides you failed, that becomes a key piece of evidence against you. It gives them probable cause to arrest you. It shows up in the police report. It’s used in court to argue that you appeared impaired.

When I’m defending a case, it’s much easier to fight a DUI charge when my client refused the field sobriety tests. That refusal limits the prosecution’s evidence. It keeps subjective observations out of the case. And it gives us a stronger position to push back.

What Happens After You Refuse

Let me be honest — refusing the tests doesn’t guarantee you won’t be arrested. If the officer believes they have enough other evidence, they can still place you under arrest. But from a legal standpoint, that arrest might be weaker without the test results to support it.

And if I’m your attorney, I’ll be looking closely at the basis for that arrest. Did the officer rely too heavily on vague statements like “watery eyes” or “odor of alcohol”? Did they skip important steps or exaggerate your behavior? These are the kinds of questions that can lead to motions to suppress evidence or dismiss the charge entirely.

That’s the benefit of having a private attorney who can start working on your case immediately. The sooner I get involved, the faster I can start protecting your rights.

How Officers Use Field Sobriety Tests Against You

The biggest issue I see with field sobriety tests is how officers interpret them. These tests were developed as tools, but they’re often treated as proof. I’ve reviewed video where my client followed every instruction carefully, but the officer still claimed they showed signs of impairment.

I’ve had cases where people with medical conditions like vertigo, knee injuries, or back pain were expected to perform physical tests that they couldn’t possibly complete perfectly — and that was used as evidence against them.

And I’ve seen officers give unclear or rushed instructions, only to penalize the driver for not performing the test “correctly.” That’s not justice. That’s setting someone up to fail.

When I’m defending someone who took the tests, I go through the bodycam video frame by frame. I look at how the officer explained the test, where it took place, what the conditions were, and whether the grading was fair. But if the tests weren’t taken at all, it often puts us in a better legal position.

Field Conditions Matter More Than You Think

One of the things officers rarely mention in their reports is the setting of the test. Were you on a sloped shoulder of a highway? Was there wind, rain, or heavy traffic passing by? Were you wearing shoes that made balance harder?

These factors make a huge difference. And yet, they’re often ignored when the case is reviewed by a prosecutor or judge. When I represent someone, I bring those details into focus. I use them to show that what the officer saw wasn’t impairment — it was environmental.

If you refuse the tests, those complications never even become part of the case. That’s another reason I often advise against agreeing to perform them.

How a Private Attorney Helps Right Away

If you’re facing a DUI charge, one of the first things you need to do is speak with a private attorney — someone who has the time and resources to focus on your case from day one.

I don’t wait for the court date to start building a defense. I request the video, the reports, and any other documentation as soon as I’m hired. I help you understand what’s happening, what to expect, and what to do — and not do — next.

Refusing field sobriety tests may help your case, but it’s just one part of the bigger picture. How the officer conducted the stop, what evidence they collected, how they treated your rights — these are all areas I dig into.

And when the prosecution sees that we’re not going to sit back and let them control the narrative, it changes everything.

Field Sobriety Test Frequently Asked Questions

Are field sobriety tests legally required in DUI stops?
No. In most states that use DUI laws, you are not legally required to perform field sobriety tests. You can politely refuse without facing license suspension or criminal penalties, unlike chemical tests, which often fall under implied consent laws.

Can I be arrested even if I refuse the tests?
Yes, you can still be arrested if the officer believes there is enough evidence of impairment based on your behavior, speech, or other observations. But refusing the tests removes one of the most subjective pieces of evidence from the case.

Does refusing the tests make me look guilty in court?
No. Prosecutors may try to suggest you refused because you had something to hide, but courts recognize your right to decline. A good defense attorney can argue that you were exercising your rights and didn’t want to be subjected to unreliable testing.

Will my refusal be mentioned in the police report?
Yes. Officers typically document that you declined the tests and may include statements about your demeanor or reasons given. But that doesn’t automatically harm your case. In many situations, it gives your attorney a better chance of limiting the prosecution’s evidence.

What if I have a medical condition that affects balance?
That’s a critical factor. If you did perform the tests and struggled due to a medical issue, your attorney can present evidence to explain it. If you refuse, you avoid the risk of having your performance misinterpreted in the first place.

 

Call 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.