Practice Areas

Blog

If I'm stopped by the police,can I be arrested if I refuse to do thethe field sobriety tests?

A: There is no requirement that a person perform field sobriety tests if asked to do so by the police -- THEY ARE VOLUNTARY! So the short answer to your question is, "No, you cannot be arrested for merely refusing to do the field sobriety tests."

Most policemen will not tell you this however. The police want you to do them because field sobriety tests results can be used to supply probable cause to justify an arrest for DUI/DWI if you fail them, and justify the administering of the Breathalyzer test that will be given to you at the police station. In most DUI cases, convictions are based on the results of the Breathalyzer test. The field sobriety tests are not reliable indicators of driver impairment, and if you refuse his offer, you should tell the officer that you know this and that is why you refuse to do them.

Free Reports

Free Case Evaluation

FAQs