When a police officer pulls someone over, they may ask the driver to participate in field sobriety tests. Many people hesitate to decline any request from a police officer, especially when it seems like the police officer suspects them of a crime. Although the officer will not tell you so, you can refuse to complete field sobriety tests in California. Refusing a field sobriety test is not grounds for an arrest or additional charges.
Field sobriety tests allow officers to use their observations and discretion to determine whether someone is under the influence. This can let extraneous factors affect the officer’s determination and result in an erroneous DUI arrest.
Unfortunately, people consent to field sobriety tests and end up facing charges for a crime they did not commit more often than you might think. If you completed field sobriety tests and an officer charged with DUI, you can still obtain a favorable outcome. Contact an experienced DUI attorney at Gramling Law Group to discuss your case.
Types of Field Sobriety Tests
The National Highway Traffic Safety Association (NHTSA) developed field sobriety tests to help officers spot indicators of impairment. Common field sobriety tests include the following:
- Horizontal gaze nystagmus (HGN) test,
- Vertical gaze nystagmus (VGN) test.
- Walk-and-turn test, and
- One-leg stand test.
The NHTSA acknowledges that the tests are not entirely accurate at measuring intoxication. In its 2023 instructor guide, the NHTSA revealed that even in ideal conditions, the HGN test is about 88% accurate, the walk-and-turn test is about 79% accurate, and the one-leg-stand test is about 85% accurate at detecting intoxication at or above 0.08%.
But conditions are very rarely ideal, so those percentages go down when you account for less-than-ideal conditions such as uneven pavement, wind, distractions, nervousness, etc. Also, officers can make mistakes in the administration of the tests. For instance, they can fail to properly explain how to do the tests, inaccurately demonstrate the tests, or inaccurately interpret your performance. All of this makes the tests less accurate. Additionally, some of the movements are so unnatural for most people that they could not perform the tests well even when completely sober.
If an officer asks you to perform field sobriety tests, you should politely decline. As stated above, the field sobriety exercises are entirely voluntary, so you will not face a criminal penalty for refusing to complete them.
Will Refusing a Field Sobriety Test Affect My Case?
The act of refusing to complete a field sobriety test alone is not a crime. However, if the officer already has probable cause to believe you are under the influence, they can still arrest you. In fact, the officer may have made up their mind about arresting you before they even ask you to complete the sobriety tests. If that is the case, performing the tests less than perfectly will only provide the prosecution with more evidence to convict you.
The same rules do not apply to requests for a blood or breath sample if the officer has probable cause to believe the driver is operating their vehicle under the influence.
Can I Refuse a Blood or Breath Test?
Implied consent means that by driving on California roads, you automatically consent to a blood or breath test if you are arrested for suspicion of DUI. The court may suspend your driver’s license for one year and make you go to DUI school if you refuse.
The refusal penalty only applies to the blood or breath test officers try to collect after your arrest. These tests typically take place at the police station or in the hospital. Drivers over 21 can refuse to submit to the preliminary breath test (PBT) collected at the scene.
What If I Already Submitted to Field Sobriety Tests?
Even if you completed field sobriety tests at the scene, it is still worth hiring a DUI attorney to defend your case. Certain circumstances can excuse or explain poor performance on the test, including the following:
- Environmental factors like weather conditions or a distracting roadway in your line of sight;
- Justifications for a lack of coordination like lack of sleep, dehydration, and past injuries; or
- Wearing unsuitable attire for performing the test.
These factors and more can affect the reliability of the roadside sobriety test. An attorney can point out these potential defenses to the results. We will negotiate with the prosecutor on your behalf to secure a favorable outcome in your case. If you or a loved one are concerned about field sobriety test questions after a traffic stop, contact Gramling Law Group to discuss your questions.
Need to Know Rules About Refusing a Roadside Test in California?
Contact Our Lawyer at Gramling Law Group Today
If you or a loved one are facing DUI charges in California, you should contact an attorney right away.
Our founding attorney, Daniel Gramling, is committed to providing you with high-quality legal representation at a price you can afford. With experience as a public defender, Daniel has defended hundreds of clients facing DUI charges.
At Gramling Law Group, we treat every case as if we were the ones facing the charges. Let us put our knowledge and resources to work for you.
Raised in Loma Linda, Daniel earned degrees from La Sierra University and the University of La Verne. Committed to affordable legal representation, he initially worked at the Los Angeles Dependency Lawyers, helping reunite families, and later as a successful public defender in Riverside. Recognizing a need for affordable family law services, he founded Gramling Law Group to advocate for clients in family and criminal defense cases.
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