Can I Refuse a Field Sobriety Test?

If pulled over and asked about drinking, the officer likely suspects impairment. Sometimes, it may result from being near a bar at closing time. If asked to take a field sobriety test, remember you have the right to legal counsel. Consult a Cumming DUI defense attorney at Banks, Stubbs & McFarland.

You Can Refuse a Field Sobriety Test

If you are asked by an officer to exit your vehicle, you are legally obligated to do so. Further, if you are asked to take a blood test after being detained or arrested, your refusal will result in an automatic one-year license suspension. When it comes to field sobriety tests, however, the same laws do not apply.

If you refuse to take a field sobriety test, there is no automatic penalty like license suspension, but the officer can still arrest you if they have other reasons to suspect impairment. You can inform the officer that you do not wish to participate and that you are invoking your right to remain silent. For a variety of reasons, it is generally in your best interest not to engage in field sobriety tests.

The Effectiveness of Field Sobriety Tests

The effectiveness of field sobriety tests remains uncertain. Many variables, including all the following, can play a direct role:

  • Environmental factors, such as uneven walking surfaces, distractions, hot or cold weather, high wind, and more, can all lead to actions that mimic impairment
  • Psychological factors, such as fear, nervousness, and anxiety, that many people experience when they are pulled over by the police
  • The age, condition, and overall health of the driver, which can affect how well they perform the tests, even when completely sober
  • A person's age and weight can also make the tests harder, regardless of whether they have had alcohol or not
  • Footwear and clothing, which can interfere with overall performance

The officer's experience in performing field sobriety tests is also a relevant factor. Ultimately, there is little to be gained from participating in these tests on the side of the road, and you’re well advised to give them a pass.

It’s Time to Consult with an Experienced Cumming DUI Defense Lawyer

The same laws that make refusing a breathalyzer or blood test back at the station do not apply to field sobriety tests on the side of the road. You are not required to participate, and it’s generally to your advantage not to. The knowledgeable Cumming DUI defense attorneys at Banks, Stubbs & McFarland dedicate our impressive practice to helping our valued clients prevail in the face of DUI charges. Take the first step in protecting your rights, fill out our online form or call us at 770-887-1209 today to schedule a confidential consultation and let us advocate for you.