What Happens if You Refuse Field Sobriety Tests in California?
During a California DUI investigation, an officer may ask a driver to perform several roadside exercises known as field sobriety tests (FSTs). Common examples include the walk-and-turn test, one-leg-stand test, and horizontal gaze nystagmus test.
Many drivers assume they are legally required to perform these tests. For most adult drivers, however, California law generally does not require participation in roadside field sobriety tests. Refusing them is also different from refusing a chemical breath or blood test after a lawful DUI arrest.
Understanding that distinction can be important if you are arrested for DUI in Chico, Butte County, or elsewhere in Northern California.
What Are Field Sobriety Tests?
Field sobriety tests are roadside exercises officers use during DUI investigations to look for signs they believe are associated with alcohol or drug impairment.
Common tests include:
Walk-and-turn: The driver is instructed to walk heel-to-toe along a line, turn, and walk back.
One-leg stand: The driver is instructed to raise one foot and maintain balance while counting.
Horizontal gaze nystagmus (HGN): The officer moves an object in front of the driver's eyes while watching for certain involuntary eye movements.
Finger-to-nose or other coordination exercises: Some officers may use additional tests that are not part of the standardized three-test battery.
The officer may document what he or she considers "clues" of impairment and later use those observations as evidence supporting an arrest.
But poor performance on a field sobriety test does not necessarily mean someone was under the influence.
Are Field Sobriety Tests Mandatory in California?
Generally, an adult driver is not legally required to participate in field sobriety tests during a California DUI investigation.
This means a driver can ordinarily decline roadside balance and coordination exercises.
There are important exceptions and distinctions. For instance, rules governing preliminary alcohol screening and chemical testing can differ depending on the driver's circumstances.
For most adult drivers who are not subject to a special testing requirement, however, refusing roadside FSTs is different from refusing a required chemical test after arrest.
What Happens if You Refuse Field Sobriety Tests?
Refusing field sobriety tests does not necessarily end the DUI investigation.
An officer may continue investigating and may still arrest the driver if the officer believes there is probable cause to conclude that the driver was under the influence.
The officer may rely on other observations and evidence, including:
The reason for the traffic stop
Driving behavior before the stop
The odor of alcohol
Red or watery eyes
Speech patterns
The driver's statements
Open containers or other physical evidence
Body-worn camera footage
A preliminary alcohol screening result, when applicable
A later evidentiary breath or blood test
In other words, refusing field sobriety tests does not prevent an arrest. It may, however, mean that the prosecution has fewer roadside performance observations to rely upon later.
Can You Be Arrested for Refusing Field Sobriety Tests?
An officer can still arrest a driver for DUI after the driver declines field sobriety tests if the officer believes there is otherwise probable cause for an arrest.
But the refusal itself should not be confused with proof that the person was driving under the influence.
The ultimate question in a criminal DUI case is whether the prosecution can prove the charged offense beyond a reasonable doubt. The defense can examine the entire investigation to determine whether the officer's conclusions were supported by reliable evidence.
Field Sobriety Tests Are Not the Same as a Breath or Blood Test
One of the most important distinctions in California DUI law is the difference between field sobriety tests and post-arrest chemical testing.
California's implied-consent laws generally require a driver who has been lawfully arrested for DUI to submit to an appropriate chemical test under circumstances specified by law. Refusing a required chemical test can result in significant consequences, including driver's license consequences and potentially additional penalties in a criminal DUI case.
That is different from declining roadside exercises such as standing on one leg or walking heel-to-toe.
Drivers should therefore be careful not to assume that because they can decline an FST, they can also refuse every test requested during a DUI investigation without consequences.
What About the Roadside Breath Test?
The preliminary alcohol screening (PAS) test—the handheld breath test sometimes administered on the side of the road—raises a separate issue.
For many adult drivers who are not on DUI probation, a pre-arrest PAS test is generally treated as an investigative tool rather than the mandatory chemical test required after a lawful arrest.
Different rules can apply to drivers under 21 and drivers who are on DUI probation.
This distinction is important because drivers sometimes mistakenly believe that every breath test is the same. A handheld roadside PAS test and an evidentiary chemical test following arrest can have very different legal consequences.
Why Field Sobriety Tests Can Be Challenged
Even when a driver agrees to perform field sobriety tests, the results are not necessarily conclusive evidence of impairment.
Performance can be affected by factors unrelated to alcohol, including:
Uneven or sloped pavement
Poor lighting
Traffic or other distractions
Improper footwear
Fatigue
Nervousness
Age
Physical limitations
Injuries
Difficulty understanding the officer's instructions
The manner in which the officer administered and demonstrated the tests can also matter.
Body-worn camera footage is particularly important in modern DUI cases because it may allow the defense to compare what actually happened with the officer's description in the police report.
For example, an officer might describe a driver as having significant difficulty maintaining balance, while the video presents a much less dramatic picture.
What if You Already Took the Field Sobriety Tests?
Agreeing to perform field sobriety tests does not mean that a DUI case cannot be defended.
A DUI defense attorney can review the police report and video evidence to determine whether the tests were properly administered, whether the officer accurately recorded the driver's performance, and whether environmental or physical factors affected the results.
Sometimes the video itself may become useful defense evidence. A person described in a report as obviously impaired may appear on video to communicate clearly, follow complicated instructions, retrieve documents, walk normally, and otherwise demonstrate coordination inconsistent with the officer's characterization.
The evidence should therefore be evaluated as a whole rather than simply accepting the officer's conclusion that the driver "failed" the tests.
Can Refusing Field Sobriety Tests Help a DUI Defense?
Every case is different.
When a person declines field sobriety tests, the prosecution may lose one category of evidence commonly used to argue impairment. But the prosecution may still have chemical test results, driving observations, admissions, video footage, and other evidence.
A DUI defense attorney should examine what evidence actually exists rather than assuming that either performing or refusing FSTs determines the outcome of the case.
The defense may also investigate whether the initial traffic stop was lawful, whether the detention was improperly prolonged, whether there was probable cause for arrest, and whether breath or blood testing was conducted properly.
Charged With DUI in Chico or Northern California?
A DUI arrest does not automatically mean a DUI conviction. Field sobriety tests are only one part of the evidence that may be used in a California DUI prosecution.
If you performed field sobriety tests, an attorney can examine how they were administered and compare the officer's report with body-worn camera footage. If you refused them, an attorney can evaluate what evidence remained to support the arrest and prosecution.
If you have been arrested for DUI in Chico, Butte County, Glenn County, Tehama County, Yuba County, Sutter County, Colusa County, or elsewhere in Northern California, consider speaking with an experienced DUI defense attorney about the specific facts of your case.
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