Refusing a Field Sobriety Test

When a police officer suspects that a driver is intoxicated, the officer must investigate further in order to establish “probable cause” for an arrest.  In essence, probable cause means that based on the totality of the circumstances it is more likely than not that a suspect has committed a crime.  One of the most common methods of establishing probable cause in an intoxicated driver case is by administering one or more Field Sobriety Tests.  Generally speaking, failing these tests gives officers probable cause to make an arrest.  For that reason, some drivers may decide that it is in their best interest to refuse to take a Field Sobriety Test.

Reasons to Refuse a Field Sobriety Test

There are many reasons why a driver, whether intoxicated or not, may not want to take a Field Sobriety Test.  First of all, Field Sobriety Tests have been criticized as inaccurate because drivers who are not intoxicated may, nevertheless, fail a test.  Indeed, there are many reasons a person may fail such tests, including preexisting medical conditions, failure to understand complicated instructions, or sheer nervousness.  Not only does failing a Field Sobriety Test help establish probable cause for an arrest, it may also be used as evidence in a later criminal prosecution. 

Refusing a Field Sobriety Test

Drivers can refuse to take a Field Sobriety Test.  In fact, there is no way for an officer to force a driver to take a test if the driver refuses because the tests require a willing participant who will follow the officer’s instructions and attempt to perform the acts requested.  There may, however, be legal consequences for refusing to take a test.

Consequences of Refusing a Field Sobriety Test

Although a driver can refuse to take a Field Sobriety Test, there are reasons a driver may choose to participate anyway.  Many states have Implied Consent laws, which state that in order to enjoy the privilege of driving the driver agrees to take a Field Sobriety Test if requested.  Refusing to do so may result in the driver’s license being suspended or a monetary fine.  Moreover, the fact that a driver refused to take a Field Sobriety Test may be used as evidence against the driver in a criminal case.

When to Contact an Attorney

The consequences of refusing a Field Sobriety Test vary from state to state.  As such, it is important to discuss what laws apply in a particular state with a qualified attorney.