Flashing lights appear in your rearview mirror. Your heart races as you pull over. The officer approaches and asks you to step out of the vehicle for some tests. You wonder if you have to comply.
Many drivers face this confusing moment, uncertain about their rights and worried about making the wrong choice. When officers request field sobriety tests, most people assume they must participate, but the law tells a different story. At Esfandi Law Group, we stand with drivers who need clear guidance when their rights are at stake.
Can You Legally Refuse a Field Sobriety Test?
Are field sobriety tests mandatory in California? No. You have the legal right to refuse these tests without facing criminal penalties. California law does not require you to perform physical roadside exercises when an officer suspects you of driving under the influence.
Officers may not inform you that these tests are voluntary. They might phrase their requests as instructions or suggest that refusing will make things worse. Despite this pressure, refusing a field sobriety test does not carry direct legal consequences. The state imposes no automatic license suspension, no fines, and no criminal charges for declining to participate in these roadside exercises.
However, your refusal does not prevent an officer from arresting you. Police can still arrest you for DUI based on other observations, such as the odor of alcohol, slurred speech, bloodshot eyes, or erratic driving patterns.
What Are Field Sobriety Tests?
Officers use the field sobriety test in California to assess whether drivers exhibit signs of impairment. The National Highway Traffic Safety Administration has standardized three tests that law enforcement agencies across the state employ during DUI investigations.
These tests assess potential impairment:
- Horizontal Gaze Nystagmus—following a moving object with your eyes while an officer watches for involuntary jerking movements;
- Walk and Turn—taking nine heel-to-toe steps along a line, turning, and returning; and
- One Leg Stand—balancing on one leg while counting aloud.
These tests measure coordination, balance, and your ability to follow instructions simultaneously. Officers may also request non-standardized tests, such as the finger-to-nose test or the Romberg Balance test, though these lack scientific validation.
Why Do Sober Drivers Fail These Tests?
Even sober individuals frequently perform poorly on these roadside exercises. Multiple factors can affect your performance and lead officers to conclude you are impaired when you are not, including:
- Medical conditions. Balance disorders, inner ear problems, back injuries, and neurological conditions can all interfere with physical coordination.
- Physical characteristics. Age, weight, and natural lack of coordination can affect how well anyone performs these tests.
- Environmental factors. Uneven pavement, poor lighting, weather conditions, and traffic noise create challenging testing conditions.
- Nervousness. The stress of a police encounter causes many people to shake, forget instructions, or lose their balance.
Officers receive limited training in administering these tests, and they frequently fail to follow standardized procedures.
Can You Legally Refuse Chemical Testing Too?
California has an implied consent law that creates different rules for chemical testing. The statute requires anyone who drives in California to submit to chemical testing after a lawful DUI arrest. Chemical tests measure blood alcohol content through breath, blood, or urine samples.
What Happens Pre-Arrest with Chemical Testing?
Before your arrest, officers may request a preliminary alcohol screening test using a portable breathalyzer device. This roadside breath test is voluntary for most drivers. You can legally refuse a field sobriety test and a preliminary breath test without facing penalties.
What Happens Post-Arrest with Chemical Testing?
After an arrest, the rules change dramatically. Officers must inform you that refusing chemical testing will result in a one-year suspension of your license. This suspension applies regardless of whether you are ultimately found guilty of the underlying DUI charge.
Special Circumstances That Affect Your Rights
Whether you must take a field sobriety test in California can also depend on if you fall into one of the following categories:
- Drivers under the age of 21. California has a Zero Tolerance Law for young drivers, which makes field sobriety tests mandatory. If you refuse a field sobriety test or a preliminary breath test, you will face automatic suspension of your license.
- Drivers on DUI probation. If you have a prior conviction, you must comply with field sobriety test requests. Refusing tests while on DUI probation violates your probation and can result in additional penalties.
Understanding these exceptions helps you make informed decisions during a traffic stop, taking into account your specific legal status and circumstances.
Making the Right Decision During a Traffic Stop
When an officer requests that you perform field sobriety tests, you face a difficult choice. Field sobriety tests are notoriously unreliable, and sober people fail them regularly. No matter what you choose, officers will subjectively interpret your actions, which the state will use to try to prove your guilt. This is where a great DUI attorney can step in to assist you.
When you are on the side of the road with officers, remain polite and respectful. Provide your license, registration, and insurance when requested. Otherwise, exercise your right to remain silent, except when providing basic identifying information.
Why Should You Hire Esfandi Law Group to Fight for Your Rights?
For over 23 years, Seppi Esfandi has defended clients facing DUI charges throughout the state of California. Before founding Esfandi Law Group, Seppi spent over seven years as a Deputy Public Defender, gaining invaluable experience in defending clients’ rights. Since then, he has helped thousands of clients navigate DUI charges, from straightforward cases to complex situations involving accidents and multiple prior convictions.
We understand that field sobriety tests create unreliable evidence that often bears little relationship to actual impairment. We fight tirelessly to protect your rights, preserve your driving privileges, and minimize the impact of charges on your future.
Take Action to Defend Your Case
Time matters in DUI cases, and early intervention can make the difference between conviction and dismissal. Let us put our experience and dedication to work protecting your rights and your future. Contact Esfandi Law Group today for a free initial consultation.
