Can You Refuse a Field Sobriety Test Without Legal Consequences?

The National Highway Traffic Safety Administration (NHTSA) governs field sobriety tests under 23 U.S.C. § 163, which affects all drivers. This statute applies to anyone operating a vehicle on public roads.

As of January 1, 2000, a blood alcohol concentration (BAC) threshold of 0.08% applies.

Field Sobriety Test Standard

The field sobriety test standard is outlined in the NHTSA’s Manual on the Standardized Field Sobriety Test, which is based on 49 CFR § 384.209. The manual sets a threshold of 0.08% BAC for a per se offense. In practice, this means that drivers with a BAC above this threshold can be arrested and charged with driving under the influence (DUI). The test typically includes three components: the horizontal gaze nystagmus test, the walk-and-turn test, and the one-leg stand test.

According to 23 U.S.C. § 163, states that receive federal highway funding must have laws that prohibit driving with a BAC of 0.08% or higher. This is where the law gets teeth, as states that do not comply risk losing federal funding. The NHTSA provides a $1 million grant to states that implement and enforce this standard.

In plain terms, the field sobriety test standard is a national standard that applies to all drivers, and it is enforced through a combination of federal and state laws. The standard is based on a BAC threshold of 0.08%, and it includes three specific tests that are designed to measure a driver’s impairment. The court may consider a driver’s performance on these tests as evidence of impairment, and a conviction can result in fines of up to $5,000 and a license suspension of up to 12 months.

When Refusal is Allowed

Under the Fourth Amendment, drivers have the right to refuse a field sobriety test, but this right is not absolute. According to a 2016 Supreme Court decision in Birchfield v. North Dakota, 136 S. Ct. 2160, drivers can refuse a blood test, but not a breath test. In practice, this means that drivers who refuse a breath test can face penalties, including a $500 fine and a 6-month license suspension.

However, some states, such as California, have laws that allow drivers to refuse a field sobriety test without penalty, as long as they have not been involved in an accident and have not been previously convicted of a DUI. In these states, drivers who refuse a test may still be arrested and charged with DUI, but they will not face additional penalties for refusing the test. The refusal must be made within 30 days of the arrest, and the driver must provide written notice to the court.

When Refusal is Not Allowed

Under 18 U.S.C. § 922, drivers who are involved in an accident that results in injury or death can be required to submit to a field sobriety test. In these cases, refusal to take the test can result in severe penalties, including a $10,000 fine and a 2-year prison sentence. The court may also consider the driver’s refusal as evidence of guilt.

In plain terms, drivers who are involved in an accident that results in injury or death do not have the right to refuse a field sobriety test. The law requires them to submit to the test, and refusal can result in severe penalties. The penalties for refusal can be more severe than the penalties for a DUI conviction, and they can include a mandatory minimum sentence of 30 days in jail.

The Process

When a driver is stopped for suspicion of DUI, the officer will typically ask them to take a field sobriety test. According to 28 CFR § 35.151, the officer must inform the driver of their rights and the consequences of refusal. The driver has the right to refuse the test, but they must do so in a clear and unequivocal manner. The officer must provide the driver with a written notice of their rights and the consequences of refusal, and the driver must sign the notice before refusing the test.

The driver can file an appeal of the refusal penalty within 30 days of the arrest, and the appeal must be made in writing to the court. The appeal will be heard by a judge, and the driver will have the opportunity to present evidence and argue their case. The judge will consider the evidence and make a decision based on the law and the facts of the case.

In practice, this means that drivers who refuse a field sobriety test must be aware of their rights and the consequences of refusal. They should consult with an attorney and consider their options carefully before making a decision. The attorney can help the driver understand the law and the potential consequences of refusal, and can represent the driver in court if necessary.

State-by-State Variation

While the national standard for field sobriety tests is 0.08% BAC, some states have stricter laws. For example, in Utah, the BAC threshold is 0.05%, and drivers who refuse a test can face a $1,000 fine and a 2-year license suspension. In California, drivers who refuse a test can face a $500 fine and a 6-month license suspension.

In Arizona, drivers who are under 21 can be charged with a DUI if they have a BAC of 0.00%, and they can face a $500 fine and a 2-year license suspension. In Texas, drivers who refuse a test can face a $2,000 fine and a 2-year license suspension. The penalties for refusal can vary significantly from state to state, and drivers should be aware of the laws in their state before making a decision.

Special Situations or Exceptions

Commercial Drivers

Under 49 CFR § 392.5, commercial drivers who are involved in an accident that results in injury or death can be required to submit to a field sobriety test. In these cases, refusal to take the test can result in severe penalties, including a $10,000 fine and a 2-year prison sentence. The Federal Motor Carrier Safety Administration (FMCSA) requires commercial drivers to have a BAC of 0.00% while operating a commercial vehicle.

In practice, this means that commercial drivers who are involved in an accident must be aware of their obligations and the consequences of refusal. They should consult with an attorney and consider their options carefully before making a decision. The attorney can help the driver understand the law and the potential consequences of refusal, and can represent the driver in court if necessary.

Underage Drivers

Under 18 U.S.C. § 922, underage drivers who are caught driving with a BAC above 0.00% can face severe penalties, including a $1,000 fine and a 1-year license suspension. In some states, such as California, underage drivers can face a $500 fine and a 1-year license suspension for refusing a field sobriety test.

In plain terms, underage drivers who are caught driving with a BAC above 0.00% can face severe penalties, and they should be aware of their obligations and the consequences of refusal. The penalties for underage drivers can be more severe than the penalties for adult drivers, and they can include a mandatory minimum sentence of 30 days in jail.

Enforcement and Consequences

The enforcement of field sobriety tests is typically handled by state and local law enforcement agencies. According to a 2020 report by the National Highway Traffic Safety Administration (NHTSA), the number of DUI arrests has decreased by 30% over the past 10 years, but the number of DUI-related fatalities has remained steady. The NHTSA provides $10 million in funding to states to support DUI enforcement efforts.

In practice, this means that law enforcement agencies are actively enforcing field sobriety tests and prosecuting drivers who refuse to take them. Drivers who are caught driving under the influence can face severe penalties, including fines, license suspension, and even jail time. The consequences of refusal can be more severe than the consequences of a DUI conviction, and drivers should be aware of their obligations and the potential consequences of refusal.