Can You Refuse a Field Sobriety Test?

Police officers commonly use Field Sobriety Tests to gather evidence and assess whether a driver is under the influence of drugs or alcohol. However, while Field Sobriety Tests can provide evidence of whether a driver is impaired, they are not always reliable and can be challenged in court.

Submitting to a Field Sobriety Test is not mandatory and you can (politely) refuse to take the test. Doing so might make it easier to defend against a Utah drunk driving charge. Even if you took the test, an experienced DUI defense lawyer can challenge the test results and the way the test was administered as part of your defense against Utah drunk driving charges. The DUI defense attorneys at Terry Law have years of experience defending people accused of drunk driving in and around St. George and throughout Utah. To put our expertise to work for you, contact our law office today to schedule a confidential appointment to discuss your case and how we can help.

Understanding Field Sobriety Tests

Utah police officers use a combination of tests to assess whether a driver is under the influence of drugs or alcohol. Contrary to popular belief, a driver does not actually pass or fail a Field Sobriety Test. Instead, police officers are trained to use the Field Sobriety Tests to look for “clues” they can later present as evidence to show a driver was intoxicated.

The National Highway Transportation Safety Administration (NHTSA) has established and approved the following three tests to be used to establish probable cause that a driver is under the influence of drugs or alcohol:

• Walk and Turn. The officer will instruct you to take nine heel-to-toe steps along a straight line. When you reach the end of the line, you will turn on one foot and return in the same manner to the starting point. Police officers use the Walk and Turn Test to evaluate a driver’s balance and ability to stop and turn on command. They may cite a driver’s failure to take the proper number of steps, failure to follow instructions, or balance issues as evidence of impairment.
• One Leg Stand Test. The police officer will ask you to stand with one foot approximately six inches off the ground while counting aloud for 30 seconds. Police officers use the One Leg Stand Test to assess a driver’s balance, coordination, and ability to follow instructions. Swaying, hopping, or putting your foot down will be used as evidence of impairment.
• Horizontal Gaze Nystagmus. Horizontal gaze nystagmus is the involuntary jerking of the eye as it moves from side to side. This jerking is exaggerated when a person is intoxicated. When conducting the test, the police officer moves a pen or finger in front of the driver’s eyes and looks for delays in tracking the object’s movement. Alcohol-induced nystagmus (the involuntary jerking of the eye) can indicate the driver is under the influence of alcohol.

Can You Refuse a Field Sobriety Test?

Unlike a breath, blood, or urine test, a suspect does not face any penalty for refusing to take Field Sobriety Tests. However, if a police officer asked you to perform Field Sobriety Tests, they likely already suspect you are under the influence and will arrest you on suspicion of drunk driving regardless of whether you take or refuse the test. Prosecutors may try to use your refusal to take the Field Sobriety Test as evidence of your alleged intoxication, and the lack of test results can make it more difficult to prove a driver was impaired.

On the other hand, the Field Sobriety Tests are notoriously subjective and human error is common. Even if you submitted to a Field Sobriety Test, an experienced DUI defense lawyer can challenge the way the tests were administered and the accuracy of the test results.

What Happens if You Refuse a Field Sobriety Test?

Refusing to take a Field Sobriety Test in Utah does not carry any legal penalties, and politely refusing to take the test is a valid option. However:

1. If the police officer has asked you to take a Field Sobriety Test, they likely already suspect you of DUI and will probably arrest you anyway.
2. If you refuse, the police and prosecutor may think you are intoxicated and trying to hide it.
3. The prosecutor may try to use your refusal as evidence that you were intoxicated and trying to hide it.

If you refuse a Field Sobriety Test, the police officer is likely to ask you to submit to a chemical test of your breath, urine, or blood. Under Utah’s Implied Consent law, you will face penalties if you refuse a chemical test.

Contact Terry Law for Aggressive DUI Defense

If you are stopped by police and suspected of DUI, we recommend politely refusing to submit to a Field Sobriety Test. But it is not too late if you have already submitted to the test. There are many ways to defend against a failed sobriety test. The DUI defense lawyers at Terry Law have decades of experience defending people accused of DUI in Utah. We have offices in St. George and Cedar City and defend people accused of drunk driving throughout Southern Utah. Contact our law firm today to schedule a confidential appointment to discuss your situation and how we can help.