Can I Refuse a Field Sobriety Test in California?

You may be asked to perform a series of tasks after being pulled over for suspected drunk driving. These are known as field sobriety tests and are designed to assess your physical and mental abilities to determine whether or not you are impaired by drugs or alcohol. However, it is important to know your rights, including whether or not you are permitted to refuse a field sobriety test. For more information and to secure skilled representation during your case, reach out to an experienced Tehama County DUI lawyer today.

How Do Field Sobriety Tests Work?

Field sobriety tests are designed to evaluate a driver’s coordination, balance, cognitive skills, and ability to follow directions. Police officers administer these tests and observe the way that a driver acts while performing them to help assess whether they could be under the influence.

The NHSA (National Highway Safety Administration) outlines three standardized field sobriety tests. When conducting these tests, an officer will do the following.

1. Horizontal gaze nystagmus: The police officer will ask the driver to follow an object (generally a pen or light) with their eyes side to side. If the eyes jerk involuntarily or the driver moves their head along with their eyes, it could indicate drug or alcohol use.
2. Walk and turn: The police officer will instruct the driver to walk a certain number of steps heel to toe, turn on one foot, and walk back the same way. If the individual loses count, loses their balance, fails to touch their heel to their toe, etc., it could convince the officer that they are impaired.
3. One-leg stand: The police officer will ask the driver to stand on one leg for a set period of time while counting out loud. Signs of intoxication can include swaying, hopping on one leg, losing balance, losing count, dropping their foot, and more.

These tests are subjective and can be difficult for anyone, even if they are sober. However, they can still be used as evidence in a DUI case.

Can I Refuse a Field Sobriety Test in CA?

Yes, if you are pulled over for a DUI in California, you have the right to refuse a field sobriety test. Refusing a breath test or chemical testing can result in criminal penalties, as they are mandatory under California’s implied consent law. However, field sobriety tests do not fall under this law, so you can refuse to participate without legal consequences.

However, it is important to note that refusing does not mean you will not be arrested or charged with a DUI. The officer could interpret your refusal as guilt and an attempt to hide your intoxication. If there is enough evidence for probable cause, they can still arrest you and order chemical testing. In court, the prosecution could also argue that your refusal suggests you were trying to prevent the officer from detecting your impairment.

If you have questions regarding field sobriety testing and its implications in a DUI case, reach out to a skilled defense attorney today.