Can I Refuse a Field Sobriety Test in California?

 Posted on February 16, 2026 in DUI

When a police officer suspects you of driving under the influence, the officer may ask you to step out of your vehicle and do a series of tests on the side of the road. These are called field sobriety tests. Many drivers wonder whether they have to take them.

Field sobriety tests are designed to help officers tell whether you are drunk or high, but they are not always accurate. Factors like nervousness, uneven pavement, or even bad weather can affect your performance. If you fail a field sobriety test in 2026 and are charged with a crime, you need a Sonoma DUI defense lawyer. 

What Is a Field Sobriety Test in California Like?

A field sobriety test is a roadside test that police officers use to check whether a driver might be under the influence of alcohol or drugs. These tests are subjective. This means the results depend on the officer's judgment rather than a scientific measurement. The officer watches how you move, how you follow instructions, and whether you show signs of impairment.

The Horizontal Gaze Nystagmus

The officer holds a pen or finger in front of your face and moves it from side to side. The officer watches your eyes to see if they jerk involuntarily as they follow the object. This jerking motion is called nystagmus, and alcohol can make it more noticeable.

The Walk-and-Turn

You are asked to walk in a straight line, heel to toe. Then you must turn around on one foot and walk back the same way. The officer looks for signs like losing your balance, stepping off the line, or using your arms to stay steady.

The One-Leg Stand

You must stand on one leg while holding the other foot about six inches off the ground. At the same time, you count out loud. The officer checks whether you sway, put your foot down, use your arms for balance, or hop to stay upright.

Can I Refuse a Field Sobriety Test in California?

You can refuse a field sobriety test in California. Field sobriety tests are voluntary. You are not legally required to do them, and you will not face automatic penalties for saying no.

This is different from chemical tests, which include a breathalyzer device or blood tests. Under California Vehicle Code Section 23612, drivers who are arrested for DUI are required to submit to a chemical test. You cannot legally refuse a chemical test. If you refuse a chemical test after being arrested, you face serious consequences, including an automatic license suspension.

However, refusing a field sobriety test does not mean you will avoid arrest. The officer can still arrest you based on other observations, such as:

• The smell of alcohol on your breath
• Slurred speech
• Bloodshot eyes
• Open containers in your car

Advantages of Refusing Field Sobriety Tests

Refusing a field sobriety test can limit the evidence the prosecution has against you. If you do not take the tests, the officer cannot testify in court about how you failed them. This means there is less evidence that the prosecutor can use to try to prove you were impaired.

Potential Downsides of Refusing Field Sobriety Tests

Refusing field sobriety tests may lead the officer to arrest you based on other factors. If the officer smells alcohol, sees open containers, or notices slurred speech, those observations alone are usually enough for an arrest. Some officers may view refusal as a sign that you have something to hide, even though this is not fair or legally justified.

Should I Refuse a Field Sobriety Test?

The decision to refuse a field sobriety test depends on your situation. There is no single answer that works for everyone. Some drivers feel confident they can pass the tests, while others worry that nervousness or physical limitations will make them look drunk even if they are not.

If you have a medical condition that affects your balance or vision, you may want to explain this to the officer. Issues like inner ear problems or back injuries can make it impossible to pass these tests even if you are completely sober. Will the office believe you, however? Hard to say. 

If you are genuinely sober and feel comfortable taking the tests, you may choose to do so. However, keep in mind that the officer's interpretation of your performance is subjective. What the officer sees as a sign of impairment may simply be nervousness or difficulty balancing on an uneven road.

This is not legal advice. If you are pulled over on suspicion of driving under the influence, you are ultimately responsible for the decisions you make. 

Call a Napa, CA DUI Defense Attorney Today

Whether you refused a field sobriety test or submitted to one and were arrested, you need a DUI defense lawyer who knows how to challenge the evidence against you. At Burglin Law Offices, P.C., we have represented more than 5,000 people charged with DUI over more than 30 years of experience. 

We know how field sobriety tests work and we know how to protect your rights in court. If you are facing DUI charges in 2026, do not wait to get help. Call Burglin Law Offices, P.C. at 415-729-7300 now for a free consultation with a Sonoma, CA DUI defense lawyer.