Refusing Field Sobriety Tests Doesn't Mean You're Off the Hook—Here's How a Private DUI Lawyer Can Still Defend Your Rights and Protect Your Future

As a Florida DUI defense attorney, I've represented countless people who believed they didn't need a lawyer because they didn't take any field sobriety tests. It's a common misconception—and a costly one. If you're in this position, let me be clear: refusing field sobriety tests doesn't mean your case will go away or that you're automatically in the clear.

You're still at risk of being charged and convicted of DUI under Florida law. In fact, law enforcement often proceeds with arrests based on driving behavior, officer observations, or other non-scientific evidence. Without proper legal representation, your rights, your license, and even your freedom can be put in jeopardy.

Let's take a deeper look at how Florida law works, what your legal options are, and how I defend clients who refused the tests.

Florida Law: You Can Still Be Charged Without Field Sobriety Tests

Under Florida Statutes § 316.193, you can be convicted of DUI if the state can prove one of two things:

"A person is guilty of the offense of driving under the influence... if the person is driving or in actual physical control of a vehicle within this state and:

(a) The person is under the influence of alcoholic beverages, any chemical substance... or any controlled substance... when affected to the extent that the person's normal faculties are impaired; or

(b) The person has a blood-alcohol level of 0.08 or more grams of alcohol per 100 milliliters of blood or a breath-alcohol level of 0.08 or more grams per 210 liters of breath."

— § 316.193(1), Fla. Stat.

You'll notice it doesn't require field sobriety tests. All the officer needs is probable cause and supporting evidence to file the charge.

What Happens If You Refuse Field Sobriety Tests?

Field sobriety tests (FSTs) like the walk-and-turn or the horizontal gaze nystagmus are not mandatory in Florida. You're legally allowed to refuse them. But officers can—and often do—still arrest you based on their observations, such as:

  • Slurred speech
  • Bloodshot eyes
  • Odor of alcohol
  • Erratic driving
  • Difficulty producing documents

Without FSTs, the state may rely more heavily on officer testimony, dashcam footage, and breath or blood test results (if you submitted to those). If you refused all testing, including the chemical tests, your refusal could trigger automatic license suspension under Florida's Implied Consent Law.

Florida's Implied Consent Law Still Applies

Even if you refused the field tests, you might have been asked to take a breath, blood, or urine test. Florida Statutes § 316.1932 says:

"Any person who accepts the privilege... to operate a motor vehicle within this state is deemed to have given his or her consent to submit to an approved chemical test... for the purpose of determining the alcoholic content of the blood or breath."

— § 316.1932(1)(a), Fla. Stat.

Refusing this test—especially after a lawful arrest—can result in a one-year license suspension for a first refusal or 18 months (and a misdemeanor charge) for a second.

Why You Still Need a Private DUI Attorney

Even though you didn't take the field sobriety tests, you still face a real prosecution. Here's where a private DUI attorney makes a difference:

1. We Challenge the Arrest

Without FSTs, the officer's arrest must rely on limited evidence. I analyze every second of the bodycam, dashcam, and police report to challenge whether the stop and arrest were even legal under the Fourth Amendment.

2. We Fight Probable Cause

If the state's evidence is weak or inconsistent, we can file a motion to suppress evidence. If granted, the case could be dismissed entirely.

3. We Know When to Push and When to Negotiate

Sometimes, the absence of field sobriety tests gives us leverage to negotiate a reduced charge or pretrial diversion. Other times, we push for trial.

Real Case Example: DUI Dismissed Without Field Sobriety Tests

A client of mine in Sarasota was pulled over late at night for "weaving within the lane." The officer noted the smell of alcohol and claimed my client fumbled for his registration. The officer asked him to step out and take field sobriety tests. My client respectfully refused.

He was arrested anyway and charged with DUI. The prosecution relied heavily on the officer's subjective observations. My client didn't submit to a breath test, either.

When I reviewed the bodycam footage, I found significant inconsistencies. The officer never advised him of the consequences of refusing chemical tests, as required by Florida Statutes § 316.1932(1)(a)1.a. Additionally, my client's speech was clear, and his movements were steady.

I filed a motion to suppress the arrest based on lack of probable cause. The judge agreed—the stop didn't establish impairment. Case dismissed. My client kept his license, his job, and his clean record.

Potential DUI Defenses Without Field Sobriety Tests

If you didn't take the FSTs, here's how we may defend you:

  • No probable cause to arrest: Without field test evidence, officers often struggle to justify an arrest.
  • Unlawful stop: If the stop itself was unjustified, any evidence gathered afterward is inadmissible.
  • Insufficient observations: Smell of alcohol is not proof of impairment.
  • Medical explanations: Bloodshot eyes or unsteady gait could be due to allergies, fatigue, or injury.
  • Violation of Miranda rights or improper DUI protocols.

Florida DUI Penalties Still Apply

If convicted of DUI in Florida, you're facing:

  • Up to 6 months in jail for a first offense
  • $500–$1,000 in fines
  • 6–12 month driver's license suspension
  • Probation, DUI school, community service, and impound of your vehicle

And yes, those penalties can apply even if you refused field sobriety tests.

The Bottom Line: Refusing Field Sobriety Tests Doesn't End the Case—It Changes the Strategy

People sometimes think they made a "smart move" by refusing the tests. And while it may remove a layer of evidence, it doesn't stop the state from prosecuting you. The key is understanding that your defense now hinges on legal strategy, cross-examination, and challenging officer credibility.

That's where a private DUI attorney makes a difference. We're not overworked public defenders trying to juggle dozens of cases in one morning. I treat each case individually, because the details matter—especially when the state is trying to build a case without their usual field test evidence.

FAQs – Florida DUI Cases Without Field Sobriety Tests

Can I still be convicted of DUI in Florida without taking any field sobriety tests?

Yes. The state can rely on other evidence such as driving behavior, officer observations, and chemical test results (if you consented to them). Even without field tests, the officer may claim that you showed signs of impairment. A conviction is still possible, but a skilled attorney can challenge that evidence and raise doubts.

Will refusing field sobriety tests help or hurt my DUI case?

Refusing field tests may limit the evidence the state can use, but it won't prevent arrest or prosecution. It can help by avoiding potentially flawed or unfair test results, but it may also make officers more likely to arrest you based on their observations. In the courtroom, it all depends on how your attorney frames the refusal and what other evidence exists.

What if I refused all testing, including the breath or blood test?

Refusing all testing triggers administrative penalties under Florida's Implied Consent Law. Your license may be suspended for a year (or longer if this wasn't your first refusal). However, you can challenge the suspension in a formal hearing. Also, prosecutors may use your refusal at trial as evidence of guilt, unless we block or explain it.

Can the officer arrest me based only on my appearance or smell of alcohol?

They can try—but we fight that. Smelling alcohol doesn't prove impairment, and appearance can be misleading. In court, we can often expose that the officer jumped to conclusions without sufficient evidence. Without tests, the burden shifts to officer credibility—and we're ready to challenge it.

Is there any benefit to hiring a private DUI lawyer versus a public defender?

Definitely. Public defenders are often overloaded and can't give your case the attention it needs. As a private DUI defense lawyer, I take the time to review your case thoroughly, file motions when necessary, and prepare an aggressive defense. If your job, license, or professional license is at risk, don't leave your future to chance.

How can I challenge the officer's version of events?

We use cross-examination, bodycam footage, dispatch logs, and field notes. Inconsistencies can unravel the state's case. Without physical test results, the prosecution relies on perception—and that's where we find leverage.

What happens at my first court date if I refused the field sobriety tests?

The first hearing is your arraignment, where you enter a plea. If you have an attorney, we may waive your appearance and handle it for you. After that, we begin discovery to obtain the state's evidence. If there are no field tests, we'll analyze what's left and start identifying weaknesses.

Contact Musca Law 24/7/365 at 1-888-484-5057 For Your FREE Consultation

If you're facing DUI charges in Florida, who you hire could change everything. A former prosecutor may give you the edge you need—but only if they’re prepared to go all-in on your defense. At Musca Law, we’ve defended thousands of DUI cases throughout the state, and many of our attorneys are former prosecutors who now use their knowledge to fight for you.

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.