Getting pulled over on suspicion of DWI (Driving While Impaired) is one of the most nerve-wracking experiences a Minnesota driver can face. During such a stop, officers often request a field sobriety test. These tests are designed to help law enforcement determine whether you’re under the influence of alcohol or drugs.
But here’s the question most drivers ask: Can you legally refuse to take a field sobriety test in Minnesota? The short answer is yes, but the consequences of that decision are more complex than you might think.
In this guide from Martine Law, we’ll explain what field sobriety tests are, whether you can refuse them, and what happens if you do.
What Is a Field Sobriety Test?
A field sobriety test is a set of physical and cognitive exercises a police officer asks you to perform during a traffic stop. These tests are meant to detect signs of impairment such as poor balance, lack of coordination, or slurred speech.
The three most common Standardized Field Sobriety Tests (SFSTs) used in Minnesota (and across the country) are:
- Horizontal Gaze Nystagmus (HGN) – Following a pen or flashlight with your eyes
- Walk and Turn – Walking in a straight line, turning, and walking back
- One-Leg Stand – Standing on one foot while counting aloud
These tests are subjective. The officer observes your performance and decides if you’re impaired. Your level of nervousness, medical conditions, or even the weather can affect your performance—even if you’re sober.
Is a Field Sobriety Test Mandatory in Minnesota?
No, field sobriety tests are not mandatory in Minnesota. You are legally allowed to refuse to take them.
Unlike chemical tests (breath, blood, or urine) which fall under Minnesota’s implied consent law, field sobriety tests are voluntary. The officer may not make this clear to you, but you do have the right to say no.
What Is the Implied Consent Law?
Under Minnesota Statute § 169A.51, the implied consent law states that by driving in the state, you agree to submit to a chemical test (such as breath, blood, or urine) if you are arrested for DWI.
Important distinction:
- Implied consent only applies to chemical tests after an arrest, not field sobriety tests given during a traffic stop before arrest.
If you refuse a chemical test, you could face license revocation and criminal penalties. But if you refuse a field sobriety test, there are no direct penalties—though it may still influence the outcome of your case.
Should You Refuse a Field Sobriety Test?
It depends on the situation. Here are some considerations:
When It Might Make Sense to Refuse:
- You have medical conditions (e.g., joint issues, neurological problems) that could cause you to fail
- You’re extremely nervous or tired
- The weather or road conditions are poor
- You haven’t had anything to drink, but fear false positives due to nervousness or imbalance
Refusing the test limits the evidence the officer can use to justify an arrest or support DWI charges in court. Without video or observable performance, the prosecution may have a harder time proving impairment.
When Refusal Could Backfire:
- The officer may interpret refusal as suspicious behavior
- The officer might proceed with arrest anyway based on other factors (e.g., smell of alcohol, erratic driving)
- A judge or jury may see your refusal as an admission of guilt, even though it’s not a legal one
At Martine Law, we often advise clients on a case-by-case basis, since what’s best for one person may not be for another.
What Happens If You Refuse?
If you politely decline a field sobriety test, here’s what might happen:
- The officer may arrest you anyway if they believe they have enough probable cause.
- You may be asked to submit to a Preliminary Breath Test (PBT) using a handheld device. This is also voluntary.
- After arrest, you will be asked to take a chemical test, which you are legally required to comply with under the implied consent law.
Refusing field sobriety tests does not mean you avoid arrest, but it can reduce the amount of evidence available against you.
How Do Officers Build Probable Cause Without the Test?
Even without a field sobriety test, police may claim probable cause based on:
- Smell of alcohol or marijuana
- Bloodshot eyes
- Slurred or confused speech
- Open containers in the vehicle
- Erratic or unsafe driving
In court, this can be challenged. A strong defense attorney will question whether the arrest was truly justified without the field sobriety test or other supporting evidence.
Is Refusing the Test Admissible in Court?
Yes. Although refusal is not a crime in itself, prosecutors are allowed to mention it during trial. They may argue that your refusal suggests you were trying to hide something.
However, a good defense can counter this narrative by explaining your legitimate reasons for refusing—such as health concerns, legal knowledge, or awareness of how flawed these tests can be.
How Accurate Are Field Sobriety Tests?
Studies sponsored by the National Highway Traffic Safety Administration (NHTSA) suggest that when done correctly, the three SFSTs have some degree of accuracy in detecting impairment. However, they are not foolproof.
- Fatigue, age, anxiety, and weather can all impact performance.
- Officers often fail to follow the official protocol, making the results unreliable.
- Courts have increasingly questioned the objectivity of these tests.
Refusing a test that is inherently subjective may be a strategic move in certain situations.
For more information, check out NHTSA’s resources or search through case law on LawHelpMN.org.
What Should You Do During a DWI Stop?
Here’s a brief checklist of what to do if you’re pulled over and suspected of DWI:
- Stay calm and polite
- Provide your license, registration, and insurance
- Do not answer potentially incriminating questions like “Have you been drinking?”
- You can politely decline field sobriety tests
- Be aware of your rights if you’re asked to take a preliminary breath test
- If arrested, ask to speak to an attorney before taking a chemical test
Why You Need an Attorney After a DWI Arrest
Field sobriety tests are just one piece of the DWI puzzle. Whether you refused them or took them and failed, you need experienced legal guidance to defend your rights.
At Martine Law, we help you by:
- Challenging the validity of the stop and tests
- Identifying flaws in the officer’s conduct or observations
- Negotiating lesser charges or penalties
- Representing you in court and DMV hearings
If you’ve been arrested for DWI in Minnesota, time is critical. Your license and future could be on the line.
Contact Martine Law Today
You have the right to protect yourself—even before you’re arrested. If you’re facing charges after refusing or taking a field sobriety test, let us fight for your best possible outcome.
📞 Schedule your free consultation now to get started with Martine Law.
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