Can I Refuse a Field Sobriety Test in California?

 Posted on November 19, 2024 in DUI

When a law enforcement officer stops a vehicle and suspects the driver of driving under the influence (DUI), he or she may ask the driver to submit to a field sobriety test. A field sobriety test is a roadside examination of the driver’s cognitive and motor functions with the aim of assessing whether he or she is impaired. Field sobriety tests are considered subjective, meaning the results are based on the police officer’s judgment and not on an impartial machine. 

If the officer feels a driver has failed a field sobriety test, he or she can reasonably assume the driver is impaired and make a lawful arrest. Field sobriety tests are not mandatory, but it is important to understand what can happen if you refuse them. For more details and to know your rights if you are pulled over for a DUI, speak with a California DUI defense attorney.

What Is a Field Sobriety Test?

When California police officers want to examine a driver for impairment at a traffic stop, they usually use the Standardized Field Sobriety Test (SFST). The SFST is a series of three tests that include:

• The one-leg stand (OLS) test: The driver is asked to stand on one leg and count out loud.

• The Horizontal Gaze Nystagmus (HGN) test: The police officer uses a finger or object to track the driver’s eye movement.

• The walk-and-turn (WAT) test: The driver is asked to walk heel-to-toe in a straight line, turn, and walk back.

If a driver underperforms on any of these tests, the police officer may make a lawful DUI arrest. However, there are several factors other than alcohol or drugs that might cause a driver to fail a field sobriety test. Uneven road, medical conditions, fatigue, anxiety, hunger, and even nervousness can lead to a dip in hand-eye coordination. Because of that, many drivers prefer to decline field sobriety tests.

What Happens if I Refuse a Field Sobriety Test?

Field sobriety tests are not mandatory and drivers have a right to refuse them. However, doing so means that the officer is likely to rely on other cues to determine whether you might be driving under the influence, such as the smell of alcohol, the presence of alcohol bottles in the car, slurred speech, or other possible indicators. 

On the upside, refusing a field sobriety test provides less evidence for the prosecution. Your refusal also cannot be used as proof that you were guilty.

Keep in mind that chemical tests — such as breathalyzer or blood tests — are mandatory and refusing them can lead to a license suspension. 

Contact a Napa, CA DUI Defense Attorney

Being pulled over by law enforcement, especially if an officer suspects you of impaired driving, can be a frightening experience. It is important to understand your rights in such a situation and protect yourself if you are facing DUI charges. At Burglin Law Offices, P.C., we have been practicing law for over 32 years and have represented more than 5,000 drivers charged with DUI. Let us prepare a legal strategy for your defense. Get a free consultation with a Sonoma, CA DUI defense lawyer today by calling 415-729-7300 now.