Yes, in most cases across the United States, you can legally refuse a field sobriety test. However, refusing a test doesn’t mean you’re free to go—it may still result in arrest, and refusal can sometimes be used as evidence in court.
This article breaks down what field sobriety tests are, your legal rights, what happens if you refuse, and how laws vary by state. We’ll also explore Minnesota as a specific example under implied consent laws.
What Are Field Sobriety Tests Used For?
Field sobriety tests are a set of physical and cognitive exercises law enforcement officers use during DUI stops to help determine whether a driver is impaired.
The most common standardized tests include:
- Horizontal Gaze Nystagmus (HGN) – following a moving object with your eyes
- Walk-and-Turn
- One-Leg Stand
These tests are not always reliable and are largely based on the officer’s subjective interpretation. Factors like medical conditions, fatigue, or even nervousness can impact performance.
Are You Legally Required To Take A Field Sobriety Test?
No, you are generally not legally obligated to take a field sobriety test. Unlike chemical tests (breath, blood, or urine), field tests are voluntary in most states. That means you can refuse without facing immediate penalties like license suspension.
But keep in mind:
- Refusal may still lead to a DUI arrest
- Officers can use your refusal to justify probable cause
- Prosecutors may argue that refusal implies consciousness of guilt
Can You Refuse A Breathalyzer Or Blood Test?
This is where implied consent laws come into play.
- In every U.S. state, if you are lawfully arrested for DUI, you are required to submit to a chemical test (breath, blood, or urine).
- Refusing a chemical test can lead to automatic license suspension, fines, and additional criminal charges—even if you’re never convicted of DUI.
So while field tests are voluntary, chemical tests are not once you’re under arrest.
What Should You Say If You Want To Refuse A Field Sobriety Test?
If you choose to refuse, do so calmly and respectfully. A good way to phrase it is:
“Officer, I respectfully decline to perform the field sobriety tests.”
Avoid arguing, making accusations, or being combative—it can escalate the situation and hurt your case later.
What Happens After You Refuse A Field Sobriety Test?
Refusing may:
- Trigger a DUI arrest anyway, based on other factors like driving behavior or physical signs of intoxication
- Be documented in the police report and introduced as evidence in court
- Possibly limit the officer’s ability to justify probable cause—but this is not guaranteed
Remember: the officer is building a case. Field sobriety tests are often used to collect evidence against you, not to prove your innocence.
How Does Minnesota Handle Field Sobriety Test Refusal?
Minnesota follows the general rule: field sobriety tests are voluntary and can be refused without direct penalties. However, it’s important to understand the state’s implied consent law:
- Refusing a chemical test (like a breathalyzer at the station) will lead to license suspension and may be charged as a separate crime.
- Refusing a field sobriety test, however, carries no automatic penalties but can still result in arrest and may be mentioned in court.
Minnesota drivers are often not told clearly that field sobriety tests are optional—which makes knowing your rights even more crucial.
Do All States Treat Refusal The Same Way?
No. While field sobriety tests are generally voluntary, interpretations and procedures differ across states. For example:
| State | Field Test Mandatory? | Chemical Test Refusal Consequences |
| California | No | License suspension, possible criminal penalties |
| Florida | No | Immediate license suspension, potential jail time |
| Texas | No | Refusal used as evidence, license suspended |
| New York | No | Implied consent applies to chemical tests only |
| Minnesota | No | License suspension only for chemical test refusal |
Should You Speak To A Lawyer If You Refuse The Test?
Absolutely. Refusing a field sobriety test can complicate your case—even if you’re within your rights. A DUI attorney can help you:
- Challenge the legality of the stop
- Suppress evidence obtained improperly
- Protect your license and driving record
In many states, you have the right to speak with a lawyer before deciding whether to take a chemical test—but this window is often limited.
What’s The Bottom Line On Refusing A Field Sobriety Test?
- Yes, you can refuse a field sobriety test in most U.S. states.
- Doing so may still lead to arrest and be used against you in court.
- You cannot refuse a chemical test without serious legal consequences.
- Your rights and penalties vary by state, so always consult an experienced attorney if you’re facing DUI charges.
Need Legal Help After Refusing A Test?
If you’re facing DUI charges or refused a field sobriety or chemical test in Minnesota, contact Leverson Budke for a free consultation. Our attorneys specialize in defending clients across Minnesota and can help you navigate the legal system confidently.
📞 Call now to schedule your consultation.
