Can You Refuse a Field Sobriety Test in California?
September 7, 2026 | Nafiz M. Ahmed
If you are stopped on suspicion of driving under the influence in California, an officer may ask you to perform a series of field sobriety tests. In most cases, you can refuse these tests. Standard field sobriety tests are different from the chemical testing requirements that can apply after a DUI arrest.
Refusing a field sobriety test does not necessarily prevent an arrest. An officer may rely on other evidence gathered during the traffic stop to determine whether there is probable cause to arrest you for DUI.
What Are Field Sobriety Tests?
Field sobriety tests are roadside exercises officers use to look for signs of alcohol or drug impairment.
The three standardized field sobriety tests are:
- Horizontal gaze nystagmus (HGN): The officer observes the movement of your eyes while you follow an object.
- Walk-and-turn: You are instructed to walk heel-to-toe along a line, turn, and walk back.
- One-leg stand: You are asked to stand on one leg while following the officer’s instructions.
An officer may use your performance on these exercises as part of a DUI investigation. However, poor performance does not necessarily establish that a driver was impaired. Physical limitations, medical conditions, road conditions, footwear, and problems with the way a test was administered may affect the results.
What Happens if I Refuse a Field Sobriety Test?
Most adult drivers who are not on DUI probation can refuse standard field sobriety tests without receiving an automatic driver’s license suspension simply for declining the exercises.
However, refusing does not end the investigation. An officer may consider other observations, such as how you were driving, the smell of alcohol, your speech, your appearance, statements you make, or other evidence obtained during the stop. If the officer believes there is probable cause to suspect DUI, you may still be arrested.
It is also important to distinguish refusing field sobriety exercises from refusing a chemical test required under California’s implied consent law. California Vehicle Code § 23612 requires drivers who are lawfully arrested for certain DUI offenses to submit to chemical testing. Refusing a required post-arrest chemical test can result in driver’s license consequences.
Can You Refuse a Roadside Breathalyzer Test in California?
The answer depends on the circumstances. A roadside breathalyzer is commonly called a preliminary alcohol screening (PAS) test. For many drivers who are at least 21 years old and are not on DUI probation, a PAS test administered before arrest is different from the chemical test required following a lawful DUI arrest.
Special rules apply to certain drivers. California’s zero-tolerance law applies to drivers under 21, and the DMV states that a driver under 21 who refuses or fails to complete a PAS or other chemical test can face driver’s license consequences. Drivers on DUI probation are also subject to separate testing requirements and potential license consequences for refusing or failing to complete a PAS or other chemical test.
Taking a roadside PAS test also does not necessarily satisfy the chemical-testing requirement that applies after a DUI arrest. California law may still require a driver to submit to an appropriate post-arrest chemical test.
Can Field Sobriety Test Evidence Be Challenged?
A driver’s performance can be affected by circumstances that have nothing to do with alcohol or drug impairment. An attorney can examine how the tests were conducted and whether other factors may have affected the results, including:
- Improper instructions or testing procedures
- Uneven or unsafe road conditions
- Poor lighting or weather
- Injuries or medical conditions
- Footwear that makes balancing difficult
- Video evidence that conflicts with the officer’s observations
These factors may raise questions about how much weight should be given to the field sobriety test results.
Contact Ahmed & Sukaram, Criminal Defense Attorneys, for a Confidential Consultation With a Redwood City DUI Attorney
A DUI arrest can involve several types of evidence, and field sobriety tests are only one part of the investigation. An attorney can review the traffic stop, the officer’s observations, field sobriety testing, chemical test results, and other evidence when evaluating the charges against you.
For help if you’ve been accused of DUI, contact our criminal defense law firm of Ahmed & Sukaram, Criminal Defense Attorneys, today to schedule a confidential consultation with a Redwood City DUI lawyer.
Ahmed & Sukaram, Criminal Defense Attorneys – San Jose Office
1625 The Alameda, Suite 405, San Jose, CA 95126
(408) 217-8818
Ahmed & Sukaram, Criminal Defense Attorneys – Redwood City Office
600 Allerton St Suite 201G, Redwood City, CA 94063
(650) 299-0500