Should You Take a Field Sobriety Test?

If you’ve been pulled over and a traffic officer suspects you might have been drinking, they may request that you take a field sobriety test. Depending on where you live, this test is likely not mandatory, but should you ever take this test? If so, under what conditions should you take it? If not, what should you do instead?

The High-Level View

A field sobriety test is a standardized test that can be conducted practically anywhere to determine a driver’s level of intoxication. The test involves a series of physical challenges, which police officers will instruct you to complete. These include things like standing on one leg, walking in a straight line heel to toe, reciting the alphabet, and touching your nose with your index fingers.

These exercises are quite simple, and should be capable of being completed easily, but they become quite challenging if you’re sufficiently intoxicated. Any apparent behavior during a field sobriety test could be interpreted by a police officer as aberrant behavior, and could ultimately lead to your arrest.
According to the attorneys at SBBL Law, “Field sobriety tests in all U.S. jurisdictions are voluntary, though police officers aren’t obligated to tell you that. The main purpose of a field sobriety test is to gain probable cause, which police officers can use to sustain an arrest.”

In other words, there aren’t any national or state laws that force you to comply with a field sobriety test. If you refuse a field sobriety test, your license won’t be suspended as a result – in fact, there are typically no direct penalties for refusing this test. However, it’s important to note that refusing a field sobriety test doesn’t mean you’ve completely avoided any potential consequences.

Might You Refuse a Field Sobriety Test?

Eliminates officer subjectivity.

The biggest reason is that field sobriety tests, while standardized, are completely subjective in nature. It is the judgment of a police officer that’s responsible for determining whether or not you’re intoxicated. If you stumble even slightly when trying to balance on one leg, for example, an officer could use that as a reason to arrest you for drunk driving. You don’t want your freedom to hinge on the subjective judgments of a police officer you don’t even know.

No evidence.

If you make any mistakes or errors in your field sobriety test, they could be presented as evidence against you in a court of law. Refusing the field sobriety test means limiting the evidence against you. Forces a more accurate test (if necessary).

In most states, chemical or blood testing is mandatory if an officer has probable cause that you’ve been drinking and driving. If you refuse a field sobriety test, you’ll force them to use one of these much more accurate and objective tests.

Avoids immediate penalties.

You may not be free to go after refusing a field sobriety test, but the act of refusal isn’t associated with any direct penalties. In other words, you won’t face legal consequences specifically for refusing this test.

Other Key Considerations

There are some other key considerations to bear in mind, however.

Probable cause and officer observations.

Even if you do refuse a field sobriety test, an officer can use their personal observations as probable cause to arrest you. For example, if you were driving very erratically and if you’re slurring your words, a police officer can still arrest you and give you a more accurate test.

Implied consent and testing.

Because of implied consent, U.S. drivers with a driver’s license can be legally tested for blood alcohol levels by a police officer with a certified breathalyzer or blood sample test. If you refuse a field sobriety test, you may still have to face one of these tests, which could measure you as being over the legal limit.

Jury opinions.

Juries are given formal instructions and are told to remain impartial, but they still sometimes form their own opinions. Refusing a field sobriety test could be interpreted as a tacit admission of guilt by some jurors.

Your level of impairment.

You might also want to consider your level of impairment and coordination. If you feel absolutely confident you can nail the field sobriety test perfectly, you may wish to proceed. That said, if you’re not over the legal limit, a blood test or breathalyzer is still the favored option.

How to Handle the Situation

No matter what, you should follow these strategies if you are ever pulled over for drunk driving:

Remain calm and polite. This isn’t the time to pick a fight.

Say as little as possible. You have the right to remain silent, so exercise it.

Do not lie. If you must speak, don’t contradict yourself, and don’t lie.

Comply with officer commands. If you fail to comply with an officer arresting you, you could face a resisting arrest charge, which could seriously disrupt your life.

Field sobriety tests are highly subjective in nature and can be refused in U.S. jurisdictions. Lawyers typically advise people to refuse field sobriety tests in most locations and in most situations, but it’s still prudent to do your own legal research and consider your unique situation when making such a significant decision.