Being pulled over on suspicion of driving under the influence (DUI) can be a confusing and nerve-wracking experience. If a police officer asks you to perform a field sobriety test, it’s completely normal to feel unsure about how to respond. Should you comply with their request, or can you legally refuse?
The good news is that North Carolina drivers have specific rights when it comes to field sobriety tests. This blog explains what field sobriety tests are, your legal rights regarding refusal, the consequences of refusal, and what you should consider before deciding. By the end of this article, you’ll have a clear understanding of how to protect yourself in such situations.
What is a Field Sobriety Test?
Field sobriety tests (FSTs) are roadside exercises conducted by law enforcement to determine whether a driver is impaired by alcohol or drugs. These tests examine your coordination, balance, and ability to follow instructions, with the results often influencing whether the officer decides to arrest you for suspected DUI.
There are two main types of field sobriety tests:
- Standardized Field Sobriety Tests (SFSTs): These are officially validated by the National Highway Traffic Safety Administration (NHTSA) and include three specific tests:
- Horizontal Gaze Nystagmus (HGN) – You follow an object (like a pen) with your eyes while the officer observes involuntary eye jerking.
- Walk-and-Turn – You take nine heel-to-toe steps along a straight line, turn around, and walk back.
- One-Leg Stand – You lift one foot about six inches off the ground and count aloud until instructed to stop.
- Non-Standardized Tests: Police may also use tests that are not officially standardized, such as counting backward or reciting the alphabet. These tests are less reliable and more susceptible to subjective interpretation.
While officers often rely on these tests to establish probable cause for an arrest, they are far from foolproof. Factors like nerves, medical conditions, poor weather, or uneven ground can all affect your ability to pass, even if you’re completely sober.
Can You Refuse a Field Sobriety Test in North Carolina?
Yes, you can refuse to perform a field sobriety test in North Carolina. Unlike chemical tests (such as breath or blood tests), field sobriety tests are entirely voluntary under North Carolina law. Police officers cannot forcibly make you perform these tests, and refusal does not come with automatic penalties for your driver’s license.
However, it’s important to understand that refusing a field sobriety test does not mean the encounter is over. The officer can still proceed with their investigation if they believe they have probable cause, potentially leading to an arrest. This could involve asking you to submit to a chemical test, like a breathalyzer, which is subject to the state’s implied consent laws (more on that later).
Key Points to Keep in Mind:
- You are NOT legally obligated to perform field sobriety tests in North Carolina.
- Refusing a field sobriety test won’t result in immediate license suspension or other penalties.
- The officer may still collect other evidence of impairment, such as your driving behavior, appearance, or speech.
Pros and Cons of Refusing a Field Sobriety Test
Pros:
- Avoid Providing Evidence
Field sobriety tests are designed to create observable “clues” of impairment, which the officer may use against you later in court. By refusing, you prevent the creation of such evidence.
- Eliminate External Factors
Certain conditions—like anxiety, fatigue, medical issues, or even uneven pavement—might cause you to fail a sobriety test, even if you’re sober. Refusing spares you from being judged unfairly based on these factors.
Cons:
- Perceived as Suspicious
Police officers may take your refusal as a sign of guilt, potentially influencing their decision to arrest you.
- Doesn’t End the Investigation
The officer can still arrest you based on other observations, such as the smell of alcohol, slurred speech, or erratic driving. Refusal doesn’t mean you’re in the clear.
What Happens After Refusing a Field Sobriety Test?
After refusing a field sobriety test, several things may happen:
- Continued Investigation
The officer may gather additional evidence to support probable cause for an arrest, such as asking for a breathalyzer or observing your behavior.
- Arrest Decision
If the officer decides there is enough evidence of impairment, they may arrest you and take you to the station for further testing.
- Chemical Test Request
Once arrested, you’ll likely be asked to submit to a chemical test (breath or blood). Under North Carolina’s implied consent law, refusing this test results in an automatic 12-month license suspension and could impact your case in court.
Factors to Consider Before Refusing
Deciding whether or not to refuse a field sobriety test depends on several factors:
- Medical Conditions
If you have issues like vertigo, joint pain, or fatigue that may affect your performance, refusal might be a safer option.
- Environmental Factors
Uneven ground, bad weather, or poor lighting could make passing the test unnecessarily difficult.
- Evidence of Probable Cause
If there are other indicators of impairment (e.g., slurred speech, alcohol on your breath), your refusal may have limited benefits since the officer can use other observations to justify your arrest.
Differences Between Refusing Field Sobriety Tests and Breath Tests
It’s essential to differentiate between refusing field sobriety tests and refusing chemical tests (such as breath tests):
- Field Sobriety Test Refusal
Voluntary. No automatic license suspension or penalties for refusal.
- Breath Test Refusal
Governed by North Carolina’s implied consent law. Refusal results in automatic license suspension for one year and can be introduced in court as evidence of guilt.
Legal Options if You Refuse a Field Sobriety Test
If you refuse a field sobriety test, follow these steps to protect yourself:
- Remain Calm and Polite
Assert your rights respectfully without escalating the situation.
- Contact a DUI Defense Attorney
If you’re arrested, it’s crucial to consult a specialized DWI attorney immediately. They can review the arrest and identify any procedural errors to support your defense.
- Challenge Evidence in Court
A skilled lawyer can argue that the officer lacked probable cause or improperly handled the situation.
Common Myths About Field Sobriety Tests
- “You’re Required to Take the Test if Asked”
False. Field sobriety tests are voluntary in North Carolina.
- “Refusing Automatically Suspends Your License”
False. Only breath or chemical test refusal carries license penalties due to implied consent laws.
- “Field Sobriety Tests Are Accurate”
Not always. Many factors, like anxiety, medical conditions, and testing conditions, can lead to false failures.
Know Your Rights and Protect Yourself
When faced with a field sobriety test request in North Carolina, knowing your rights and making informed decisions are critical to protecting yourself. Refusal may not automatically shield you from arrest, but understanding the potential consequences can help you decide the best course of action.
If you’ve been arrested for a DWI or have further questions about sobriety tests, schedule a consultation with an experienced DUI defense attorney. Protect your rights and ensure your case is handled effectively.
FAQs
Should you refuse a breathalyzer if you are drunk?
Refusing a breathalyzer carries significant consequences under North Carolina’s implied consent law, including automatic license suspension for one year. Consult an attorney before deciding.
Are field sobriety tests mandatory in North Carolina?
No, field sobriety tests are voluntary. You are not legally required to perform them.
What happens if you refuse a field sobriety test in other states?
Laws vary. Some states treat refusal as evidence of guilt, while others impose penalties. Always familiarize yourself with your state’s specific laws.
