If a police officer pulls you over on suspicion of drunk driving, they may ask you to take a field sobriety test. Examples include the horizontal gaze nystagmus test, the one-leg stand and the walk-and-turn test.
An important thing to note is that these tests are generally voluntary and optional. The police officer cannot force you to perform the walk-and-turn test, for example, and they cannot arrest you if you refuse. All they can do is ask you if you will consent to the tests.
Naturally, if you refuse, you may still be arrested if the officer suspects you were impaired. They may say that they smell alcohol on your breath, for instance, or they may cite other driving mistakes that you made, such as drifting out of your lane. But refusing the field sobriety test is not itself illegal.
Do you have to take breath tests?
A police officer may also ask you to take a breath test, such as using a Breathalyzer, which measures your blood alcohol concentration (BAC).
Technically speaking, you can also refuse to take a breath test. But these tests operate much differently under implied consent laws in Florida. Refusing the test is itself a violation of those implied consent laws, and doing so can lead to a driver’s license suspension. Conversely, you do not automatically get a license suspension for refusing field sobriety tests.
Your legal options
It can certainly feel intimidating to talk to the police, and you may wonder what rights you have. If you find yourself under arrest and facing drunk driving charges, it can help to work with an experienced DUI defense attorney.
