Can You Refuse a Roadside Sobriety Test During a Police Stop?

The legality of refusing a roadside sobriety test during a police stop can vary significantly depending on the state. While individuals in most states like Texas have the legal right to refuse such tests, there can be severe consequences, including license suspension and other penalties.

What Happens When You Refuse a Sobriety Test?

While there is no specific statute that explicitly states the consequences of refusing to take a roadside sobriety test, there are indirect penalties. For instance, if you refuse, the police might choose to arrest you or take you to the police station, where you will likely have to undergo other forms of testing, such as a breathalyzer, blood draw, or urine sample.

For example, in California, if you refuse the field sobriety test, the police can compel you to submit to a blood draw. If your Blood Alcohol Content (BAC) is below 0.08%, you might still be detained for a few hours while they conduct further testing.

Refusal vs. Acceptance

Short answer: Yes, you can refuse the test. However, the decision to do so should be carefully considered due to potential penalties.

Many states mandate that drivers participate in field sobriety tests when officers request them. Some legal experts recommend refusing such tests. Their argument is that these tests are often biased and can easily make a sober person appear intoxicated. The instructions are often confusing and given in a hurried manner, leading to arbitrary results.

Laws Vary by State

It's important to note that the laws governing the refusal of a roadside sobriety test vary by state. Some states are particularly strict. In Maryland, for example, refusing to take a field sobriety test is entirely voluntary, and there is no legal penalty for doing so. However, in other states, the refusal can lead to automatic license suspension.

For instance, in many states, the refusal to take a field sobriety test can result in a temporary or permanent suspension of your driver's license, typically for 6 to 12 months. This serves as a deterrent to those who might otherwise refuse testing.

Automatic DUI/DWI Arrests and Penalties

Even if you refuse the test, if a police officer believes based on their training and experience that you are intoxicated, they can arrest you for a DUI (Driving Under the Influence) or DWI (Driving While Impaired). In such cases, the initial refusal can lead to an immediate arrest, typically resulting in a few hours of custody before further testing.

The refusal to take a field sobriety test can complicate the legal process. For instance, after someone refuses, the officer may still decide to arrest them, even if they initially allow other drivers to leave with just a warning. In some states, the refusal to comply with a field sobriety test can lead to a heightened suspicion and a more thorough investigation.

Therefore, while you have the legal right to refuse a roadside sobriety test, the consequences of doing so can be significant.

Conclusion:

Deciding whether to take a roadside sobriety test during a police stop is a critical and weighty decision. While it is your right to refuse, you should be aware of the potential consequences. If you are ever in a situation where you are being asked to take a field sobriety test, carefully weigh the risks and consult with an attorney if necessary.