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So you’re tired. It happens. But if you’re tired behind the wheel, a police officer may pull you over under the suspicion of driving under the influence (DUI). That, or if you’re glued to your smartphone, you might present like an intoxicated driver. So, you could get pulled over for being distracted or tired, albeit stone-sober. So, can you reject a request for a sobriety test? Or do you have to comply with an officer’s request?

You don’t have to say yes to a sobriety test. But there are consequences to saying no

Maybe you’ve seen one in person. Or perhaps you’ve seen a silly derivation in a movie. Either way, you’ll likely know a field sobriety test when you see it. A police officer stops a motorist with suspicions that they’re driving while intoxicated (DWI). The officer then prompts the motorist to complete a series of motor function and balance tests. If the subject fails to complete tasks like a one-legged stand, the police officer may arrest the motorist with a DUI.

However, a field sobriety test isn’t mandatory. You can say decline to take the test whether or not you’re inebriated. Still, saying no is just the start. For instance, if a police officer suspects that you are intoxicated and you refuse a field sobriety test, they’ll likely request that you take a blood alcohol concentration (BAC) test.

Now, the most common version of a BAC test is a breathalyzer device. The test involves blowing into the breathalyzer device until the unit reports a BAC. In most states, the legally allowable BAC is 0.08%. Like the field sobriety test, you can refuse to take a blood or breathalyzer test. However, if you refuse all testing, the police officer will likely place you under arrest under the suspicion of drunk driving.

Furthermore, and unfortunately so, the field sobriety test has a noticeable margin of error. According to AmericanAddictionCenters, NHTSA testing revealed that some of the tasks in the test can be off by as much as 21%.

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Staff Writer

Erik Sherman

Erik Sherman joined the MotorBiscuit team as an Autos Writer in 2022. An admitted petrolhead and an avid motorcyclist, Erik has owned everything from classic cars to motorcycles to modern driver’s cars. Erik also has extensive experience with military and emergency vehicles, ranging from ambulances and fire engines to MRAPs and Humvees. Erik is an eager car and motorcycle reviewer with expertise covering everything from sports cars and electric motorcycles to pontoon boats and jet skis.

Erik holds a Bachelor’s Degree from the University of Texas at Austin. He also studied Chinese, Energy, and European Politics at the University of Glasgow in Scotland. Erik’s background is unorthodox; he is a United States Marine Corps (USMC) combat veteran, water survival practitioner, and a former firefighter/EMT. Additionally, Erik is a regular volunteer and former instructor with the American Red Cross (ARC). When he’s not working, you can find Erik on his motorcycle or out for a spirited drive.