Field sobriety tests are used when officers suspect someone may be under the influence but are not sure. Common tests include the one-leg stand or the walk-and-turn test. Another example is the horizontal gaze nystagmus test.
The problem with these roadside tests is that they are simply not all that accurate. Considering people can be arrested if they fail the test, one would assume they must have an accuracy rate of over 90%. But in reality, the one-leg stand test is just 65% accurate, while the walk-and-turn test comes in at just 68%. Sitting at 77%, the HGN test is perhaps the most reliable, but even that means that three out of every ten drivers could be falsely arrested.
Can you refuse the tests?
Because these tests are inaccurate, you may find yourself wondering if you have to take them at all. The reality is that, in most cases, field sobriety tests are voluntary. You can refuse to take them. This does not violate implied consent laws, it does not indicate that you are under the influence of alcohol, and you cannot be arrested just for refusing to take a field sobriety test.
The same is not necessarily true for a breath test or a chemical test. You can also refuse these tests, in most situations, but it could violate implied consent laws and mean that you get an automatic driver’s license suspension. But that is just for refusing a breathalyzer or a similar test, not for refusing to carry out field sobriety tests on the side of the road during a traffic stop.
If you do find yourself under arrest and facing significant DWI charges in Minnesota, be sure you know what legal defense options you have.
