Why should you never take a field sobriety test?
Asked by: Laurine Upton | Last update: March 5, 2026Score: 4.7/5 (23 votes)
You should generally refuse a field sobriety test (FST) because they are subjective, unreliable, and provide prosecutors with self-incriminating evidence, as factors like nervousness, uneven roads, or medical conditions can make even sober people "fail," and your performance helps build the state's case for a DUI, even if you are innocent. While refusing FSTs might lead to arrest or license issues depending on your state, it prevents officers from gathering the "cues" (like stumbling or losing balance) that prosecutors use to argue impairment.
Why should you refuse a field sobriety test?
If you politely refuse field sobriety tests, the state has a harder time proving impairment at trial. Without that evidence, prosecutors often have weaker cases. Many DUI defense lawyers, including myself, strongly advise clients never to agree to field sobriety testing.
Why do cops bother with field sobriety tests?
Cops use field sobriety tests (FSTs) to gather evidence for probable cause to arrest someone for DUI, assessing physical and mental impairment through balance, coordination, and cognitive tasks like the HGN, walk-and-turn, and one-leg stand, though these tests are subjective and can be failed by sober individuals due to stress, medical conditions, or unfamiliarity, often serving more to build a case than definitively prove intoxication.
Has anyone ever actually passed a field sobriety test?
No matter what you do on these drills, you can't pass them. Similarly, you can't really fail them – although falling over and being utterly unable to stand on your own feet is pretty close. Police officers are supposed to judge these three drills and write down any “cues” that vary from their instructions.
Is it better to take a breathalyzer or refuse?
You technically have the right to refuse a breathalyzer test, but in California, this comes with significant consequences. Unlike in some states, refusal leads to mandatory penalties. While you can refuse field sobriety tests without immediate consequences, declining a chemical test triggers automatic penalties.
What happens if you refuse the field sobriety test? #duiattorney
Do lawyers recommend declining field sobriety tests?
We often advise clients to politely decline field sobriety tests. These tests are subjective and can give officers additional grounds to justify an arrest, even when you are not impaired.
How long will 4 beers show up on a breathalyzer?
Four beers can show up on a breathalyzer for around 6 to 8 hours, but potentially longer, as it takes hours for your body to metabolize alcohol; factors like weight, sex, metabolism, food intake, and how quickly you drank greatly influence this time, with heavier drinking leading to longer detection, sometimes even past 12 hours or overnight.
Can I refuse a field sobriety test and ask for a breathalyzer?
Yes, you can generally refuse a roadside Field Sobriety Test (FST) without direct legal penalties, as they are voluntary and subjective, but officers can use other observations for probable cause; however, refusing the post-arrest chemical test (breathalyzer, blood, or urine) usually leads to automatic license suspension under implied consent laws, even if it helps your legal case by denying prosecutors concrete BAC evidence. Asking to take a breathalyzer instead of FSTs isn't a standard legal move; your best bet is politely declining FSTs and then understanding the severe penalties for refusing the official chemical test after arrest, which varies by state.
What not to say to a cop when pulled over?
When pulled over, avoid admitting guilt ("I was speeding"), making excuses ("I only had two beers"), lying, arguing, or consenting to searches; instead, stay calm, be polite, provide documents, and clearly state your rights by saying, "I wish to remain silent" and "I want a lawyer" if detained or arrested, as anything you say can be used against you, notes Police1, Carter Criminal Defense, this YouTube video, and this YouTube video.
What percentage of sober people fail field sobriety tests?
California's standardized field sobriety tests have accuracy rates as low as 65-77%, meaning nearly one in three sober drivers can fail these tests.
Is it illegal to tell a cop you haven't been drinking?
In California, yes, it is illegal to lie to the police. You can be charged with a misdemeanor for doing so, so it is important to avoid providing an officer with false information.
Is it better to take a breathalyzer or a blood test?
Breath tests have a larger margin for error because they can be skewed by diet, health issues, mouthwash, mints, or other products that contain alcohol. Blood tests generally produce more accurate results than breathalyzers because blood tests are less impacted by external factors.
Can a cop force you to do a field sobriety test?
Officers may not clarify this crucial distinction, often creating an impression that these tests are mandatory—which is not the case. When an officer requests a field sobriety test, you may decline. The law does not impose criminal or administrative penalties for declining these roadside assessments.
What happens if you fail a field sobriety test but are sober?
You don't have to be under the influence to fail a field sobriety test. In fact, about one-third of sober people who take a field sobriety test fail. Unfortunately, if you fail the field sobriety test, you will likely be arrested and taken into police custody.
Can you say no to an alcohol test?
Yes, you can say no to an alcohol test (breath, blood, or urine) in most places, but it's a significant decision with serious consequences, often leading to automatic license suspension and potentially harsher DUI penalties, as states have "implied consent" laws meaning driving implies consent to testing if suspected of DUI. While refusing might weaken the prosecution's case by removing BAC evidence, police can often get a warrant for a blood test, and prosecutors can use the refusal itself as evidence of guilt, making a conviction more likely.
What happens to a driver who refuses to take a breathalyzer test?
If a driver refuses a breath alcohol test, they face immediate consequences like an automatic driver's license suspension or revocation, fines, and potential jail time, even if they avoid a DUI conviction, because of "implied consent" laws requiring cooperation; officers can also use the refusal as evidence of guilt in court, leading to enhanced DUI penalties.
Is it illegal to say shut up to a cop?
It's generally not illegal to tell a cop to "shut up" because the First Amendment protects insulting or offensive speech towards police, but it's risky, as officers can escalate the situation and potentially arrest you for related charges like obstruction, disturbing the peace, or resisting arrest, especially if your words are deemed "fighting words" or incite violence, though courts interpret this narrowly for police, who are expected to show more restraint. While you have a right to speak freely, officers might interpret it as a challenge, leading to charges even if the speech itself isn't a crime.
What does 4 fingers mean for cops?
Cops hold up four fingers as a non-verbal signal, often meaning "Code 4," indicating a situation is clear, secure, and no backup is needed, especially popular in departments like LAPD, derived from radio codes like "10-4". It's a quick way to tell other officers or air support, "All good here," or "I'm fine," without needing to speak, used during traffic stops or ongoing incidents to confirm safety.
What things do cops not want you to know?
Officers Will Not Tell You What Your Rights Are
These include: The right to remain silent: While you must provide your license, registration, and insurance when requested, the Fifth Amendment protects your right to remain silent beyond these basic identifiers.
Is refusing a breathalyzer worse than DUI?
Yes, refusing a breathalyzer is often legally worse than failing it because most states impose automatic, severe administrative penalties for refusal, such as longer license suspensions, higher fines, and mandatory ignition interlock devices, even before any DUI conviction, and the refusal itself can be used as evidence of guilt in court. While failing a test gives prosecutors strong evidence, refusing can trigger harsher, guaranteed consequences, often making the defense harder.
What is the maximum penalty if you refuse to give blood?
If you are under 20 and have more than 30mg/100ml or 150mcg per litre you could face up to 3 months in jail, a fine of up to $2250 and a disqualification of 3 months or more. If you refuse to give blood you could face up to 3 months in jail, a fine of up to $4500 and a disqualification of 6 months or more.
What is the difference between a breathalyzer and a field sobriety test?
Implications: FSTs are subjective and based on officers' observations; they can be influenced by physical conditions unrelated to alcohol consumption. However, breathalyzers provide a quantitative BAC level that is more objective but can be affected by calibration or technical errors.
What is the 20 minute rule for alcohol?
The "20-minute rule" for alcohol is a mindful drinking strategy where you pause for 20 minutes after finishing a drink (or when you first crave one) before having another, allowing cravings to pass, giving your body a break, and creating a chance to rehydrate with water or switch to a non-alcoholic drink. It helps control consumption by breaking the automatic cycle of drinking and promotes awareness of your body's signals, potentially reducing overall intake and preventing rapid intoxication.
Is 1 beer enough for a DUI?
Yes, one beer can get you a DUI, especially for lighter individuals, younger drivers (zero tolerance), or if the beer is strong (high ABV), but it's also possible to be charged with "impaired driving" even below the .08% BAC limit, as factors like weight, gender, and metabolism affect how alcohol impacts you, and officers can use subjective observations. It's never worth the risk as even minimal alcohol impairs driving ability and risks severe penalties, including fines, license suspension, and a criminal record.
Can drinking water help you pass a breathalyzer?
If you combine drinking water with hyperventilating, it can further help in lowering your BAC. However, you should know that water won't remove the alcohol from your system—it just helps spread it out, so it's less intense.