Can You Say No? What to Know About Field Sobriety Tests in California
Imagine a police car dashcam capturing a DUI stop. A female sheriff’s deputy pulls over a large man in a cowboy hat on a country road, believing him to be a drunk driver. The man slurs his speech but denies being drunk.
What follows is a law enforcement investigation we’re all familiar with: the field sobriety test. Surprisingly, the driver aces every assessment from a balance test to saying the alphabet backwards to following an intricate set of imaginary steps at the deputy’s direction. In fact, he does so well he might have driven off without incident—except for the fact he admits he’s drunk.
For once, this story isn’t ripped from the headlines. It’s a hilarious scene from the comedy show Reno 911. The intricate steps the deputy guides the driver through comprise a full-blown dance routine worthy of any western-themed bar.
But the point of this tale isn’t to laugh. It’s to suggest field sobriety tests, developed more than 50 years ago for alcohol—not marijuana and other drug related stops—is ingrained in American law-enforcement culture. The reliability and necessity of performing FSTs is something you must understand if you are ever pulled over on suspicion of driving under the influence.
You Have the Right to Refuse Field Sobriety Tests
DUIs have serious consequences—regardless of who you are or what you do. A first time offense usually includes a four-month suspension of driving privileges. This can disrupt everything from childcare to your commute. More, a DUI conviction may impact professional licenses and community standing. These potential penalties make it imperative you learn your rights as a California motorist.
One of the most important things to know about a DUI stop is that you are not required to take a field sobriety test. Sadly, this still comes as a shock to many. When you obtain a driver’s license in California, the law holds you give implied consent to submit to chemical tests if you are suspected of driving under the influence, not FSTs. Chemical tests include breath tests and blood tests. There is no implied consent to submit to a field sobriety test, unless you’re under 21 or on probation for a prior DUI.
Why Do People Refuse Field Sobriety Tests?
There are many reasons individuals opt out. For one thing, the test is subjective, not objective, meaning it’s entirely up to an officer’s judgement. Even body-worn cameras, which some officers wear, do not always accurately reflect a suspect’s performance on the FSTs.
It’s also worth noting you’re likely to perform these tests late at night, under stressful conditions, with cars whizzing by and people yelling at you, in an unfamiliar environment. Why should you suffer if you happen to lose your balance due to an uneven roadway? Frankly, many of us would struggle to perform these tests well—even under ideal conditions!
From my perspective, your inability to follow multiple sets of police instructions and perfectly maintain your balance during the stressful assessments can unfairly lead to an arrest and conviction.
What Happens When You Refuse
If you decline a field sobriety test, the officer may rely on other evidence to make an arrest decision. This includes their observations, such as slurred speech, open containers in the vehicle, and erratic driving prior to the traffic stop. As noted, declining a field sobriety test differs from refusing to take a blood or breath test, which automatically results in the suspension of your privilege to drive.
The jury may learn of your decision not to perform one or more of the field sobriety tests and view it as evidence of your consciousness of guilt. The prosecutor will also likely rely on the blood or breath test results to prove guilt. They may also use anything you say against you, such as your admission you had a few beers, didn’t have anything to eat, were coming from a bar—whatever it may be. Remember the scene from Reno 911? “I’m drunk!”
So, when the officer asks you how much you have had to drink tonight, rather than admitting “a few beers with dinner,” your best course of action is to politely decline to answer.
How the Hartmann Law Firm Can Help
Refusing a field sobriety test does not mean you will avoid arrest for driving under the influence. It does, however, often weaken the evidence presented by prosecutors and police in court. If you or a loved one faces a DUI charge—whether there was a field sobriety test or not—your best asset is an experienced defense attorney like the Hartmann Law Firm.
My goal is to protect your rights and prevent a brief roadside encounter from derailing your life. My team achieves this objective via multiple methods. Field sobriety tests can be challenged in court, and even chemical tests can be argued against when protocols are sloppy and equipment isn’t properly calibrated.
A DUI stop is a difficult experience for anyone, but doubly so if it results in an arrest and criminal charges. A charge of driving under the influence needn’t be a nightmare, though. It also doesn’t have to result in negative outcomes for your daily life. To put yourself in the best position, know your rights before a DUI stop happens. Also, contact me as soon as possible if you are in this unfortunate circumstance. Together, we’ll navigate it all with minimal disruption.