Why politely saying no could help—and why you still need a lawyer

I'm a Florida criminal defense attorney, and I want to talk directly with you about roadside field sobriety tests. You've probably seen the officer ask you to walk a straight line, stand on one leg, or follow a pen with your eyes. Many drivers wonder: "Am I required to do this?" The short answer is no—you have the right to refuse. But that doesn't mean you're out of the woods. Let me walk you through why a refusal isn't a free pass, the legal terrain surrounding chemical test refusals, and why having a private attorney by your side can make all the difference.

1. Field sobriety tests are voluntary—here's why

Florida DUI law—Chapter 316—does not include any requirement that a driver take field sobriety tests. Instead, these are informal, observational tools used to build probable cause. As one DUI defense firm put it: "Florida doesn't require you to take a field sobriety test … You have the right to decline". In other words, unless you're facing chemical test refusal, there's no statute punishing you for saying no to balancing on one leg.

That said, officers often don't tell you they have no right to require you. They'll explain the tests are "standard" or "routine" and leave you feeling you must comply. That's faulty. You can politely decline—and I usually encourage that choice. But refusal can still influence what happens next.

2. What your refusal can—and can't—do

Choosing not to do a field sobriety test doesn't trigger any criminal or administrative penalty. Yet, it might have consequences:

– It doesn't block the officer from arresting you if they still have probable cause—for instance, erratic driving, slurred speech, or the odor of alcohol.

– Your refusal may be noted in the arrest report and used at trial as a sign you knew you were intoxicated.

– It may be interpreted as uncooperative, making the officer more aggressive in administering a chemical test.

That's one of many reasons I advise having an attorney involved as early as possible—so your response is thoughtful, not panicked.

3. Chemical (BAC) tests are different—and refusal carries steep penalties

The real danger lies in what happens after arrest. Florida's implied‑consent law, in § 316.1932(1)(a), states that by driving you agree to submit to "an approved chemical or physical test including breath, blood, or urine" if an officer lawfully requests it after probable cause for DUI exists.

Refusing that test has real consequences:

  • First refusal = automatic 1‑year driver's license suspension
  • Subsequent refusal = 18‑month suspension and possible misdemeanor charge under § 316.1939, with fines and even jail time.

The statute spells out:

"If the person… was informed… and refused to submit… the department shall suspend… for a period of one year [or] 18 months."

This isn't optional. It's also administrative—separate from any criminal DUI charge. That means even if you beat the DUI in court, you may still lose your license unless we fight the refusal through DMV hearings.

4. How field test refusals feed into the bigger picture

When you refuse field tests and later refuse a breath/blood test, prosecutors will say:

  • You "chose not to do the field tests," then
  • You "chose not to do the chemical tests," so

Those become pieces in a narrative that you were hiding your intoxication. Even though field test refusal by itself has no punishment, it sets you up for tougher fights later.

That's why, if you've refused or are considering it, you'll want counsel arranged quickly—to limit damage, explain the consequences, and plan next steps before any hearing.

5. Legal defenses that only an attorney can deploy

Let's unpack some real strategies we use (and I've seen succeed time and again):

• Challenging improper traffic stops

If police lacked reasonable suspicion or probable cause to pull you over, any tests or observations may be thrown out. I once won dismissal because the stop was made based on nothing more than an unlit tag—no traffic violation, no swerving. Without a valid stop, everything that followed should have been suppressed.

• Arguing probable cause was flawed

Even the arrest must be justified. Slurred speech or glassy eyes aren't enough without context. In one case I handled, the officer said my client was unsteady—yet video showed a clipped curb caused the hesitation, not inebriation. Charges were dropped.

• Questioning administration of field tests

Florida courts often admit only observations of tests—not conclusions like "fail" or "pass," per Meador v. State, 674 So.2d 826. If the officer didn't explain your rights, administer tests correctly, or keep video, I can get them suppressed.

• Highlighting legitimacy problems

Field tests were designed for fit, healthy adults. There's NHTSA guidance showing that medical conditions like arthritis, inner‑ear issues, obesity, or uneven surfaces can yield false results . A good lawyer can bring in medical experts and argue it wasn't fair.

• Defending chemical test refusal

You're told refusal will suspend your license—but was the warning accurate? Did the officer inform you exactly in statutory language? If not, I can challenge the refusal—not on guilt, but on process.

6. Case example where we got results

Here's a real story from my own practice—details changed slightly, but the scenario is real:

Late one night in Jacksonville, my client was pulled over for slightly crossing the center line. Officer said they smelled alcohol and noticed a bit of wobble walking to the car. He asked for field tests—and my client politely said no. He also refused the breath test, risking license suspension, because as I coached him, he'd been sober but nervous.

We went to court. I filed motions:

  • Motion to suppress the stop (no actual weaving, just a slight adjustment).
  • Motion to suppress refusal warning (officer paraphrased, didn't read statutory phrasing).
  • Motion in limine to exclude field test refusal comment.

At the suppression hearing, video confirmed there was no actual weaving—just a collapsed curb. The judge agreed the stop was invalid and suppressed the arrest and refusal incident. The state dropped the DUI case, and because the field test refusal was struck, the DMV had to reinstate the license. The client walked away with no suspension, no conviction—thanks to early attorney involvement.

7. Why you need a private attorney

At every step—stop, test, arrest, DMV, and criminal proceedings—a private attorney is your advocate. Public defenders are busy; they can't always spend time reviewing videos, interviewing witnesses, digging into medical conditions, or strategizing motion practice.

When I represent someone, I:

  • Review body‑cam footage frame-by-frame
  • Interview witnesses and check traffic patterns
  • Look into medical history, prior tests, the accuracy of the equipment
  • Prepare suppression motions, DMV appeals, trial strategy, plea alternatives

That's why the earlier you involve counsel, the more damage we can prevent. Especially when officers ask you to refuse—or threaten you when you do—you'll need someone who understands how to respond and how to push back.

8. What to do if you're pulled over

  1. Stay calm and polite.
  2. Say: "I decline voluntary tests," in a neutral way.
  3. Do not fight, exit your vehicle, or say too much.
  4. If arrested, ask for a lawyer before answering any more questions.
  5. Call your attorney, or if you call us, we can start protecting your rights right away.

Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending people charged with a criminal or traffic offense. We are available 24/7/365 at 1‑888‑484‑5057 for your FREE consultation. We have 30 office locations in Florida and serve all counties in Florida.

Florida Field Sobriety Test FAQs

What happens if I refuse the walk‑and‑turn or one‑leg‑stand test?

You're within your rights to say no. The officer may note your refusal and may proceed to chemical testing. While there's no direct penalty for refusing these tests, the refusal might influence their perception. That's why having a skilled attorney can help to counter any suggestion that your refusal was an admission of guilt.

Can my refusal be used in court?

Yes. Court rulings allow prosecutors to mention field test refusals as consciousness of guilt—even though there's no formal punishment. That's why we filed a motion in limine to exclude such comments before trial. If granted, the refusal doesn't become part of the jury's considerations.

Should I take the field sobriety tests?

I generally advise against it—unless you're absolutely sure you'll pass them under every condition. Tests can be influenced by lighting, shoes, pavement, or nervousness. Most clients opt to decline and let us challenge the stop or test administration later, which can be more effective.

Does refusing field tests affect my license?

No—not directly. Only refusing a chemical test (breath, blood, or urine) triggers license suspension under implied consent. A field sobriety refusal won't suspend your license, but it may lead to conditions where chemical tests follow—and that is when the real penalties begin.

If I refuse a chemical test, can I still keep my license?

Possibly. Yes, a first refusal brings a one‑year suspension. But you can challenge it at a DMV hearing—arguing the warning was inaccurate, the stop was invalid, or the request was unlawful. I've had success reinstating licenses on those grounds.

If I pass chemical testing, does refusing field sobriety tests matter?

It can—but less so. If your blood alcohol is below .08, the DUI charge may be dropped. Any comment on refusing field tests would then be less relevant. That's another reason taking a breath test may sometimes be less risky than declining it—though it depends on your individual situation.

Will a public defender handle all this for me?

They do their best, but they're often overworked and under-resourced. As a private attorney, I can personally take on your case, review evidence thoroughly, prepare motions early, call experts, attend DMV hearings, and negotiate with prosecutors actively on your behalf.

If I'm arrested, when should I call an attorney?

Immediately—before any questioning, before you decide on tests, and certainly before you say anything that could complicate the case. Once we're involved, we can guide you through each response and limit what the state can use against you.

Are there any scenarios where refusing field tests is a bad idea?

If you've been drinking lightly and feel confident in your ability to perform with no issues, some may choose to comply. But it's rare. Most errors arise from judgment, nerves, or terrain—and once the officer notes a mistake, you may be in trouble. I typically recommend decline and defense.

Can medical conditions affect the field test outcomes?

Definitely. Arthritis, balance problems, inner-ear trouble—even being overweight or wearing heels—can cause "clues" of intoxication. This is powerful defense material for challenging how the test was administered or how results were interpreted.

Will video recording help my defense?

Yes—if there's a dash-cam or body-cam and it captured the stop, testing area, lighting, officer instructions, and your actions, we can use that to challenge or undermine the officer's claims. Video is often invaluable in suppression motions or trial.

What if the officer says I'll face a chemical test refusal if I decline field tests?

An officer might imply that refusing field tests blocks your ability to avoid chemical testing—but that's misleading. Only chemical test refusal triggers suspension. Knowing this, we can confront misleading statements in court and protect your rights.

Does Florida law allow forced blood draws?

Only in serious circumstances—like crashes causing serious injury or death—can "reasonable force" be used under Chapter 316.1932 when you're unconscious or lack capacity. That's a narrow exception. Otherwise, you still get a chance to refuse.

What's the first step after refusal and arrest?

Call a qualified DUI defense attorney right away—ideally before the first appearance. We'll assess whether the stop was valid, whether you were properly warned, whether the equipment and tests were accurate, and, if necessary, we'll schedule a DMV hearing. Then we'll begin building suppression motions and defense strategy immediately.

If you're facing a situation like the one I describe here—or you've already been arrested or refused a test—don't wait. Call us as soon as possible so we can start protecting your rights.

Contact Musca Law 24/7/365 at 1‑888‑484‑5057 for your FREE consultation

Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending people charged with a criminal or traffic offense. We are available 24/7/365 at 1‑888‑484‑5057 for your FREE consultation. We have 30 office locations in Florida and serve all counties in Florida.