Can You Refuse a Field Sobriety Test in California?

October 26, 2026

Quick Answer 

Yes. California’s Vehicle Code does not require a driver to perform roadside field sobriety tests such as the walk-and-turn or the one-leg stand and it does not attach a penalty to declining them. Declining does not stop an officer from arresting a driver on other evidence. A prosecutor may also argue that the refusal shows consciousness of guilt, which means the person declined because they knew they were impaired. The rules differ for the handheld roadside breath test and for the breath or blood test after a lawful DUI arrest. A driver who refuses the post-arrest chemical test faces a longer license suspension and possible extra jail time on conviction. 

Summary 

• The roadside physical tests are voluntary and no statute makes declining them a crime or a ground for suspending a license. 

• The handheld breath test has its own rule. The officer must advise the driver of a right to refuse it and drivers under 21 and drivers on DUI probation are treated differently. 

• Refusing a roadside test does not prevent an arrest and the refusal may be argued as evidence in some settings. 

• After a lawful DUI arrest refusing a chemical test brings a license suspension of at least one year. 

Introduction 

A traffic stop on suspicion of DUI moves fast. Within minutes an officer may ask a driver to step out of the car and perform exercises on the roadside. Many drivers do not know whether they have to agree and the answer depends on which test the officer means. 

This guide explains whether a person can refuse a field sobriety test in California and what the statutes and courts say about refusal. It separates three tests that people often confuse: the roadside physical tests, the handheld breath screening and the chemical test after arrest. It is general information and not advice for a specific stop. For the breath test rules in more detail see Defend CA’s guide to refusing a breathalyzer test in California. 

Can You Refuse a Field Sobriety Test in California? 

Yes. California’s Vehicle Code does not require a driver to perform the roadside physical tests and it does not make declining them a crime or a basis for suspending a license. The tests are an investigative step that an officer uses to decide whether to make an arrest. 

Refusing has limits. It does not prevent an arrest. In Marvin v. Department of Motor Vehicles (1984) the Court of Appeal treated a driver’s refusal of field sobriety tests as additional evidence of guilt that supported probable cause for arrest along with the officer’s other observations. Probable cause is the level of proof an officer needs to make an arrest. 

An officer can also rely on what happened before any test was offered, such as the driving pattern, the smell of alcohol, red or watery eyes, slurred speech or statements about drinking. In People v. Jackson (2010) the officer’s account included weaving on the Bay Bridge, an odor of alcohol, an unsteady gait and an admission to drinking that morning. 

What Are Field Sobriety Tests? 

Field sobriety tests are roadside exercises that an officer uses to judge whether a driver may be impaired. They are not chemical tests and they do not measure blood alcohol concentration (BAC), the percentage of alcohol in the blood. 

The National Highway Traffic Safety Administration (NHTSA) publishes a standardized battery of three tests: 

• Horizontal gaze nystagmus (HGN). The officer moves an object from side to side and watches the eyes for involuntary jerking. NHTSA’s manual lists three clues for this test. 

• Walk and turn. A divided-attention test that asks the driver to follow instructions while walking and balancing. 

• One-leg stand. A second divided-attention test that asks the driver to balance on one leg. 

Officers can add other exercises. In People v. Bolourchi (2024) the officer also used a finger-to-nose test and a Modified Romberg test. 

NHTSA’s 1998 San Diego validation study of 297 drivers found that officers’ decisions at the 0.08 BAC level were accurate in 91 percent of cases. NHTSA’s manual also says that validation applies only when the tests are given in the prescribed standardized manner and that the procedures describe administration under ideal conditions. It adds that small departures from the ideal do not necessarily make the tests invalid. The manual tells officers to ask about injuries, illness and medications before testing because medical conditions can resemble impairment. 

How Is the Handheld Breath Test Different From a Field Sobriety Test? 

The handheld roadside breath test is called a preliminary alcohol screening (PAS) test and California law gives it a separate rule. Vehicle Code 23612 describes the PAS as a field sobriety test that an officer may use as a further investigative tool. The statute also requires the officer to advise the person of a right to refuse it. 

For adults that right has a practical effect in court. In People v. Jackson (2010) 189 Cal.App.4th 1461 the First Appellate District held it was error to let the jury hear that the defendant refused the PAS test because the statute gives a right to refuse. The court found the error harmless because the other evidence of intoxication was strong and it affirmed the conviction. The court distinguished Marvin, which involved refusal of the standard field sobriety tests and did not involve a PAS. 

Two groups are treated differently: 

• Drivers under 21. A driver under 21 who is lawfully detained is deemed to have consented to a PAS or other chemical test (Vehicle Code 23136) and the officer must request a PAS if a device is immediately available (Vehicle Code 13388). The officer must advise that failing to submit leads to a license suspension or revocation of one to three years. 

• Drivers on DUI probation. Vehicle Code 23154 applies the same deemed consent to a driver on probation for DUI who is lawfully detained. 

Those statutes address the PAS and chemical tests. They do not mention the roadside physical exercises. A PAS also does not replace the chemical test after arrest because the statute says submitting to a PAS does not satisfy that obligation. 

What Happens If You Refuse the Test After a DUI Arrest? 

A driver who is lawfully arrested for DUI is deemed to have consented to a chemical test and refusing it carries penalties. The driver chooses between a breath test and a blood test and the officer must say that there is no right to an attorney before choosing or taking the test (Vehicle Code 23612). 

The consequences of refusal include: 

• License suspension. The DMV suspends the license for one year. The period becomes a two year revocation if the refusal occurred within 10 years of a qualifying prior and a three year revocation if there are two or more (Vehicle Code 13353). 

• Extra jail time on conviction. A conviction after a willful refusal of a breath or urine test brings mandatory jail time that grows with prior offenses (Vehicle Code 23577). That enhancement does not apply to a refused blood test. 

• Use in court. In People v. Bolourchi (2024) the First Appellate District held that a jury may infer consciousness of guilt from a DUI suspect’s refusal of a warrantless blood test. The court relied on Birchfield v. North Dakota, which bars criminal penalties for refusing a blood test but does not bar evidentiary consequences. 

The officer takes the license and issues a temporary license that is valid for 30 days from the arrest. A driver generally has 10 days from receiving the suspension notice to ask the DMV for a hearing and asking does not by itself stop the suspension (Vehicle Code 13558). The timeline matters because the criminal case and the DMV case run separately. 

Should You Agree to Field Sobriety Tests? 

No single answer fits every driver and nothing here is advice for a specific stop. These are the trade-offs a driver weighs: 

• Agreeing creates more evidence. The officer scores the performance and records what it shows. Footing, lighting and a medical condition can all affect how a driver performs. 

• Declining removes test results but not the risk of arrest. The prosecutor may argue the refusal as evidence and the officer may arrest on other observations. 

• Neither choice changes the later rules. The chemical test after a lawful arrest is governed by implied consent whatever happened at the roadside. 

A driver with a balance problem, an eye condition or an injury should know that these can make the tests hard to perform regardless of alcohol. A lawyer can talk through the trade-offs for a particular driver. 

What Should You Do During and After a DUI Stop? 

These steps apply to many stops. They are general information and a lawyer can tailor them to the facts. 

1. Stay calm and polite. Arguing with the officer rarely helps. 
2. Decide about the roadside tests. A driver who declines can say so clearly and politely and should not physically resist. 
3. Be careful with statements about drinking. Admissions made at the roadside can become evidence. The officer in Jackson relied on an admission to drinking that morning. 
4. Understand the choice after arrest. An arrested driver chooses between breath and blood and refusal has the consequences above. 
5. Keep the DMV notice. The 10 day window to request a hearing starts when the notice is received. 
6. Write down what happened. Note the location, the instructions given, the surface, the lighting and anything said about refusal while the details are fresh. 
7. Call a lawyer early. 

How Does a Defense Lawyer Review a Field Sobriety Test or Refusal Case? 

A lawyer reviews whether the stop and the detention were lawful and how the officer gave the tests. The lawyer also checks what the report says about any refusal and whether video exists. Thomas Greenberg is a former San Mateo County Deputy Public Defender and now practices privately in Redwood City. Reading police reports for what an officer saw and how the officer described a test is part of defending these cases. Defend CA’s page on DUI defense describes the firm’s approach and Defend CA’s guide to the timeline of a California DUI case explains what follows an arrest.

Conclusion 

California does not require drivers to perform roadside field sobriety tests but declining them carries its own risks. The handheld breath test and the chemical test after arrest follow different rules and the differences affect the license and the criminal case. 

If you were stopped on suspicion of DUI Thomas Greenberg can review the stop, the tests and any refusal and explain your options. Call (650) 242-0021 or contact the firm to ask about a free consultation. The DMV hearing deadline is short so do not wait. No result can be promised and every case is different.

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