Can You Refuse a Field Sobriety Test?

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A Michigan man is ordered by a police office to perform a field sobriety after being pulled over on suspicion of drunk driving.
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Understand the ins-and-outs of Michigan Field Sobriety Tests

Highlights:

  • You can refuse standardized field sobriety tests, but not non-standardized ones. 
  • Standardized tests include the walk and turn, HGN, and one-leg test.
  • Non-standardized tests include the RBT, finger-to-nose, and preliminary breath test.
  • Sobriety tests give evidence and probable cause for an OWI conviction.
  • Legal representation helps you mitigate consequences for an OWI.

TOC:

If you’re pulled over and an officer suspects you’ve been drinking, they’ll ask you to do a field sobriety test. The whole experience can be nerve-wracking. But failing a field sobriety test can lead to an OWI conviction, which can be life-changing (in very much a negative way.) The test results serve as probable cause to arrest you and have you chemically tested for your blood alcohol content (BAC). If your BAC is higher than 0.08 (the legal limit in Michigan), you’ll be charged with an OWI. Learn about DUI field sobriety tests in Michigan and how to know if you can refuse one. 

A Michigan man is ordered by a police office to perform a field sobriety after being pulled over on suspicion of drunk driving.What is a DUI Field Sobriety Test?

A DUI field sobriety test (SFST) is a standardized test used by law enforcement to determine if an individual is under the influence of alcohol or drugs while operating a motor vehicle. The tests are given at the time an officer pulls you over. SFSTs are a method of gathering evidence and obtaining probable cause for an OWI arrest. After a failed sobriety test, you are chemically tested for your BAC to see if it is above the legal limit (0.08 BAC in Michigan). 

Can You Refuse a Field Sobriety Test?

You can refuse a standardized field sobriety test (SFST) in Michigan if law enforcement asks you to take one, as consent to these tests is not required by law, and there are no penalties for refusing. The evidence from these tests is used to convict you of an OWI offense. But if you refuse a test, the officer can still obtain a warrant and have your BAC tested. The passage of time does lower your BAC, but forensic science uses your BAC along with the time-lapse to determine what your BAC was at the time of the pullover. 

Related Legal Resource: How to Navigate First-Time DUI Offense in Michigan

What Happens if You Refuse a Field Sobriety Test?

When you refuse a sobriety test, the officer doesn’t have documentation that you were inebriated while operating a vehicle. They are unable to use poor performance as a means to charge you, and you can later argue that you were unlawfully arrested. BUT, a refusal can make you appear suspicious through the theory of “consciousness of guilt,” and it can make it seem as if you did not cooperate because you knew you were guilty. Most courts uphold the “consciousness of guilt.”

Why You May Want to Refuse a Field Sobriety Test

You may want to refuse a field sobriety test if you have a physical or mental illness that limits your ability to balance, follow objects with your eyes, or listen to and follow directions under stress. You may also want to refuse an SFST if you believe you were wrongly targeted by law enforcement. That said, In most other cases I recommend that clients should complete field sobriety tests when an officer requests one.

The 3 Main Types of Michigan Field Sobriety Tests

Three types of standardized sobriety tests, all developed by the National Highway Traffic Safety Administration, are used in Michigan. The tests gather evidence and obtain probable cause for an OWI arrest. An officer can use any of these if they suspect you’re driving under the influence of alcohol or another controlled substance.

A man completes a walk and turn field sobriety test on the side of the road.

1. Walk and Turn

The walk and turn test is when an officer asks you to walk in a straight line with your left foot on a line and your right heel against the toe of your left foot. They’ll ask you to turn around and retrace your steps on the line again. The officer will watch to see if you use your arms to balance or lose balance while turning around. Not only does the test check your ability to walk straight, but it also determines if you can comprehend and follow specific instructions.

 

 

A man completes a Horizontal Gaze Nystagmus field sobriety test on the side of the road.

2. Horizontal Gaze Nystagmus Test (HGN)

The horizontal gaze nystagmus (HGN) test is when an officer moves a pen or object side-to-side in front of your eyes. They are looking for the involuntary eyeball jerking that typically occurs when an individual looks to the side. If someone is intoxicated, the HGN is usually very exaggerated, and they can’t follow a moving object easily with their eyes. The more exaggerated, the more likely it is the person is under the influence of drugs or alcohol.

 

 

A man completes a One Leg Stand field sobriety test on the side of the road.

3. One-Leg Stand

The one-leg stand is a test in which an officer asks you to stand on one leg while keeping your other foot six inches off the ground. You’ll be asked to do “thousand counts,” such as “one thousand one, one thousand two, one thousand three,” and so on, for 30 seconds. The test is meant to assess your balance, coordination, and concentration. The officer looks to see if you sway, use your arms for balance, or need to stop standing on one leg. 

 

Other Sobriety Tests

While you can refuse field sobriety tests (SFST), non-standardized sobriety tests cannot be refused in Michigan. These road tests are designed to measure sobriety, but they are not standardized. Officers are not required to follow specific guidelines or look for specific clues. Because they lack standardization, there is irregularity and inconsistency in the testing process, allowing you to fight the conviction in court. A qualified DUI attorney can leverage the law to help you fight an OWI conviction. 

1. Romberg Balance Test (RBT) 

  • The Romberg Balance Test (MRB) is a physical exam that assesses balance to determine a person’s level of intoxication. You will be asked to stand in a certain spot, close your eyes, tilt your head up, and gauge how long it takes for 30 seconds to pass. The instructions differ by officer because it’s a non-standardized test. 

2. Finger-to-Nose (FTN)

  • The finger-to-nose test (FNT) is a neurological exam that involves touching your nose to the officer’s finger alternately several times in a row. The officer’s finger is often held at the further possible reach and moved to different locations to judge balance and concentration. 

3. Hand Pat Test

  • The hand pat test measures your ability to follow instructions, proper timing, and counting. An officer will ask you to extend one arm out with your palm facing up and out. You will place your other hand on top with the palm facing down. You will be asked to rotate your top hand 180 degrees to pat the bottom of the other hand. You’ll count to “one” before rotating it up again so your top palm touches your bottom palm. The officer will ask you to keep repeating the motion and counting. 

4. Finger Count Test

  • The finger count test involves putting one hand in front of you with your palm facing up. You will touch the tip of your thumb with the tip of your index, middle, ring, and pinky finger while counting, “1, 2, 3, 4.” You will reverse the process along your fingers until you complete three sets. The finger count test assesses your ability to follow instructions and count.

5. Preliminary Breath Test

  • An officer can give you a preliminary breathalyzer test when pulling you over. You will blow into a breathalyzer so the officer can measure your BAC. If you refuse a breathalyzer test, you will likely be charged with a civil infraction and fined $150. The legal limit in Michigan is 0.08, and if you blow at that or above, the officer will have necessary probable cause for an OWI arrest.

6. Chemical Tests

  • All drivers have given implied consent to have their blood, breath, or urine tested if suspected of driving under the influence of drugs or alcohol. Refusing to take a chemical test violates implied consent law. You may get your license suspended for a year and six points on your driving license if you refuse a chemical test. The only exceptions to taking a chemical test are if you are a diabetic or use anticoagulants, as these conditions affect test results. You’ll have to provide proof of these conditions in order not to be charged. 

If you fail a field sobriety test and are charged with an OWI, it’s essential to have an experienced DUI lawyer in Michigan on your side. From incorrect testing procedures to inaccuracies in the officer’s testimony, there are many defenses that can be used against an OWI conviction. 

No matter what, an experienced lawyer can help ensure you face minimal consequences and the best possible outcome. Without legal representation, you may face jail time, a long driver’s license suspension, and more. Since opening my practice in 2007, I have handled thousands of OWI cases, providing the knowledge and skills to protect you and limit the penalties you face. 

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If you have a drunk driving citation, contact Mark Caldwell at 616-915-6576, mark@markmcaldwell.com, or fill out this contact form. I’m a highly experienced DUI attorney in Grand Rapids, MI who can represent you and help you restore your driver’s license.

Related Article: What to Ask a DUI Lawyer During Your First Consultation

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