If you’re pulled over on suspicion of driving under the influence (DUI) in North Carolina, there’s a good chance the officer will ask you to perform a field sobriety test. These roadside assessments are designed to detect impairment—but many people don’t realize they have rights when it comes to taking or refusing these tests.
At Martine Law, we regularly defend North Carolina drivers against DWI charges. One of the most common questions we get is: “Can I refuse a field sobriety test?” The answer is yes—but it’s more complicated than a simple yes or no. Let’s walk through everything you need to know.
What Is a Field Sobriety Test?
Field Sobriety Tests (FSTs) are standardized physical and cognitive exercises used by law enforcement officers to evaluate whether a driver is impaired by alcohol or drugs. These tests are typically administered on the side of the road during a DUI stop.
The National Highway Traffic Safety Administration (NHTSA) endorses three primary tests:
1. Horizontal Gaze Nystagmus (HGN)
This involves following a moving object (usually a pen or finger) with your eyes. Officers are checking for involuntary jerking, which can indicate intoxication.
2. Walk-and-Turn
The driver is asked to walk heel-to-toe in a straight line, turn, and walk back. Officers look for balance, coordination, and ability to follow instructions.
3. One-Leg Stand
The driver must stand on one foot while counting out loud for about 30 seconds. Officers observe for swaying, hopping, or using arms for balance.
These tests rely heavily on subjective judgment and environmental conditions, making them open to challenge in court.
Are Field Sobriety Tests Mandatory in North Carolina?
No. You are not legally required to take field sobriety tests in North Carolina.
Field sobriety tests are voluntary. There is no law that forces you to participate in these roadside exercises—and there are no direct legal penalties for refusing them.
That said, refusing may still lead to arrest if the officer believes they have other probable cause (like the smell of alcohol, slurred speech, or erratic driving).
How Refusing FSTs Differs from Refusing Chemical Tests
It’s very important to distinguish field sobriety tests from chemical tests (breath, blood, or urine).
Field Sobriety Test (FST)
- Voluntary
- No penalty for refusal
- Results are subjective
Chemical Test (Breath, Blood, Urine)
- Mandatory under Implied Consent Law
- Refusing will result in automatic license revocation for 12 months
- Officers can obtain a warrant to compel a blood draw if needed
Bottom line: You can refuse field sobriety tests without legal penalty, but refusing a chemical test carries serious consequences.
Should You Refuse a Field Sobriety Test?
This is a strategic decision, and the right move depends on the situation. Here are the pros and cons:
✅ Reasons to Refuse:
- Field sobriety tests are highly subjective and prone to errors.
- You may be tired, nervous, injured, or have a medical condition that affects your balance or coordination.
- Poor lighting, uneven pavement, or bad weather can skew the results.
- Refusing limits the evidence the prosecution can use against you.
❌ Potential Drawbacks:
- Refusal may raise suspicion and lead to arrest anyway.
- Officers may use refusal as a factor in establishing probable cause.
- You may still be required to take a chemical test.
If you’re sober and confident, you might choose to perform the test. But if you’re unsure or know you’ve had something to drink, it may be better to politely decline.
“Officer, I respectfully decline to participate in field sobriety tests.”
What Happens If You Refuse?
If you refuse a field sobriety test:
- The officer may proceed with the arrest if they have other evidence.
- You will likely be asked to take a breath test or chemical test afterward.
- Your refusal may be mentioned in the police report, but it can’t be penalized directly.
Your attorney can later argue that your refusal was based on awareness of how unreliable and flawed these tests are—especially if medical conditions or environmental factors were present.
Can Field Sobriety Tests Be Challenged in Court?
Absolutely. In fact, challenging FSTs is one of the most common defense strategies in DWI cases. At Martine Law, we analyze every detail, such as:
- Was the officer properly trained in NHTSA guidelines?
- Was the test administered in appropriate conditions?
- Was the driver given clear instructions?
- Did the officer use non-standardized tests (like touching your nose or reciting the alphabet)?
We also evaluate if body cam or dash cam footage contradicts the officer’s report. Many DWI charges can be dismissed or reduced based on poor FST administration.
What If You Were Coerced Into Performing the Test?
If the officer made it sound like you had to perform the field sobriety test, your attorney may argue that your participation was not voluntary. That’s another legal opening for us to suppress the results and weaken the case against you.
What Should You Do If Pulled Over?
- Pull over safely and keep your hands visible.
- Be polite and calm—avoid confrontation.
- Provide your license and registration when asked.
- Do not admit to drinking or using drugs.
- Politely decline field sobriety tests if you’re unsure.
- If arrested, ask to speak with a lawyer before answering any questions.
- Do not resist arrest or argue your case roadside.
Why You Need a DWI Defense Attorney
Even first-time DWI charges in North Carolina can carry serious consequences:
- License suspension
- Jail time
- Fines and fees
- Insurance hikes
- Criminal record
Having an experienced defense lawyer in your corner can mean the difference between a conviction and a clean slate. At Martine Law, we know how to challenge bad evidence, faulty procedures, and subjective assumptions.
We’ve helped clients across North Carolina defend their rights—and we’re ready to help you too.
📞 Contact Martine Law now for a free consultation