If you are pulled over for suspected DUI in Florida, an officer may ask you to step out of your vehicle and perform field sobriety exercises. Can you refuse?
Yes, you can refuse field sobriety exercises in Florida, but refusing does not mean the DUI investigation ends.
The officer may still arrest you based on other observations, and your refusal may become part of the evidence used against you.
There is also an important difference between refusing field sobriety exercises and refusing a breath or urine test after a lawful DUI arrest. Those refusals can have very different consequences. Let’s look at the difference between refusing field sobriety exercises and breathalyzer testing to understand the consequences that can come with each decision.
What Is a Field Sobriety Test?
A field sobriety test is a series of roadside exercises police may use during a DUI investigation to look for signs of impairment.
Common examples of field sobriety exercises include:
- Walking heel-to-toe in a straight line
- Standing on one leg
- Following an object with your eyes
While you perform these exercises, an officer watches your balance, coordination, ability to follow instructions, and other physical behaviors. The officer can then use those observations when deciding whether there is enough evidence to arrest you for DUI.
Field sobriety exercises are different from a breath test. They do not measure your blood alcohol concentration. Instead, they give the officer another opportunity to observe your behavior and build evidence.
Can You Refuse a Field Sobriety Test?
Yes, you can refuse to perform field sobriety exercises during a Florida DUI investigation.
Refusing does not guarantee that you will avoid arrest or that the investigation will stop.
An officer may continue collecting evidence they can use to arrest you. Evidence may include how you were driving, your speech, your appearance, the smell of alcohol, statements you made, and other observations made during the stop. The officer may also request that you take a breath test.
Related: What to Expect From a First Offense DUI
What Happens If You Refuse a Field Sobriety Test?
If you refuse a field sobriety test, it will not end the investigation. You will also not be arrested or face criminal charges for refusing. But the officer will likely continue the investigation and possibly still arrest you.
After your refusal, the officer can still decide there is already enough evidence to arrest you for DUI without seeing you perform the exercises. Your refusal may also be mentioned as part of the state’s case against you.
It’s important to note that refusing a field sobriety test is different from refusing a breathalyzer. It is illegal to refuse a breathalyzer in Florida. You can still refuse a breathalyzer test, but it can carry potential legal consequences, such as jail time, fines, and license suspension.
Attorney TJ Grimaldi says you may still want to refuse a breathalyzer if you have ingested alcohol. See what else TJ says about choosing whether or not to take a breathalyzer.
Should You Refuse a Field Sobriety Test?
Every DUI stop is different.
Refusing a field sobriety test will not prevent you from getting arrested. But it may prevent the officer from collecting additional evidence against you. If you believe you will perform poorly on the field sobriety test, it may be in your best interest to refuse it.
When you agree to field sobriety exercises, you are giving the officer another opportunity to collect evidence about your condition and behavior.
Performance on these exercises is not always affected by alcohol. Nerves, injuries, balance problems, footwear, uneven pavement, weather, lighting, and other conditions can affect how someone performs.
If an officer believes you performed poorly, those observations may be used to support the decision to arrest you and may later become evidence in a DUI case.
Related: Stopped and Arrested for a DUI in Florida? Here’s What to Do Next
Do States Have Different Laws for Field Sobriety Tests?
Yes. DUI laws vary from state to state, including the rules surrounding field sobriety exercises, chemical testing, license suspensions, and refusal penalties.
Advice you heard about a DUI stop in another state may not apply in Florida.
Florida’s refusal laws have also changed recently. That makes it especially important to get advice based on current Florida law and the specific circumstances surrounding your arrest.
Related: What To Do About a DUI License Suspension in Florida
Talk to a DUI Attorney in Tampa
Knowing your rights is important when you are dealing with a DUI investigation or arrest.
Use our Tampa Arrest Resource Center and Tampa DUI Resource Center to learn more about what happens after a DUI arrest in Florida.
Then, talk to someone who can look at your specific situation.
Tampa DUI attorney TJ Grimaldi provides one-on-one support to help you understand what happened, what evidence police collected, and what options you have. If you refused a field sobriety exercise, breath test, or urine test, don’t put off getting answers. Important driver’s license deadlines can begin immediately after an arrest.
Don’t delay. Don’t wait. Talk to TJ today.
Request your free consultation or call 813-226-1023 now.