There are three standard field sobriety tests that officers will often ask you to take during a DUI stop. These are the horizontal gaze nystagmus test, which measures eye movement, the one-leg stand and the walk-and-turn test. In other cases, officers may try to use personal tasks, like asking you to recite the alphabet or perform other simple actions.
But if you get pulled over and the officer asks you to get out of the car and take field sobriety tests, are you actually obligated to take them? Or can you refuse to do so? If you refuse, are you going to be arrested?
The tests are usually voluntary
As a general rule, field sobriety tests are voluntary. Some drivers will submit to them, but not all.
After all, these tests are known to not be very reliable or accurate. Someone who is sober but simply has poor balance could fail the one-leg stand test. Someone who is feeling sick or fatigued could make a mistake on the walk-and-turn test. You can refuse to take these tests if you would like.
That being said, an officer may still make an arrest if they have probable cause to do so. Perhaps they think you are impaired for other reasons, such as smelling alcohol on your breath or watching you make certain driving mistakes before the traffic stop. They may also ask you to take a breath test, which you can technically refuse, but that may be a violation of implied consent laws, leading to an automatic license suspension.
Your defense options
The law can be more complex than people realize when it comes to drunk driving arrests. If you are facing charges, be sure you understand all of your defense options.
