For those wondering, “Can you refuse a field sobriety test in Florida?”, the answer is yes, you can. Standardized field sobriety tests (FSTs) aren’t mandatory, and saying no to them is one of the traffic stop rights of motorists.
You should also remember that field sobriety test refusal isn’t an admission of guilt. However, you must recognize that under Florida DUI laws, law enforcement officers can still arrest you if they have other probable causes that you’re operating a motor vehicle under the influence.
Florida’s strictness regarding DUI cases is understandable, given that they can be deadly. According to Florida Highway Safety and Motor Vehicles (FHSMV), one in three fatal crashes in the state results from an impaired driver. Still, this doesn’t mean that the police no longer have to follow due process if they suspect you’re driving impaired.
Why Can You Refuse a Field Sobriety Test in Florida?
You can refuse a field sobriety test in Florida because they’re voluntary. They’re also subjective, with many factors potentially influencing them, making them inaccurate and causing them to result in “false positives.”
Some examples of factors that can make FSTs inaccurate are:
- The testing environment
- The testee’s age, medical condition, and physical and mental state
- The officer’s experience and manner of test administration
Note that many Americans have faced arrests after “failing” field sobriety tests despite being sober. According to a WSMV4 report, for instance, over 600 drivers in Tennessee got arrested for driving under the influence even though they were completely sober at the time law enforcers detained them.
What Happens When You Decline a Field Sobriety Test?
On its own, the refusal of field sobriety tests doesn’t result in legal consequences in Florida. Because FSTs are voluntary, the police can’t require or force you to undergo them, either. Law enforcement officers cannot just automatically arrest you or suspend your license for refusing FSTs.
The police, however, can arrest and require you to undergo a breathalyzer test, provided they have probable cause that you’re driving impaired.
What Does Reasonable Suspicion and Probable Cause Mean in DUI Cases?
In Florida, the police must first have reasonable suspicion before they can even initiate a traffic stop. It’s a lower standard than probable cause and requires rational inferences taken from articulable, specific facts.
Having probable cause, on the other hand, is necessary to make an arrest.
Examples of Reasonable Suspicion
An example of a reasonable suspicion that can lead to a police officer stopping and pulling a motorist over is if they were speeding and driving recklessly. The police may have also seen them swerve erratically or run a red light.
The above indications can be enough reasonable suspicion to justify the traffic stop. At this point, the police can request that the driver they stopped undergo field sobriety tests. The motorist can say no, as it’s their right to do so.
Examples of Probable Cause
If a driver displays other symptoms of being under the influence, the police can use their observations as probable cause to make an arrest. Examples are having bloodshot eyes and slurred speech. An unmistakable smell of alcohol or marijuana on the person or open containers of alcohol in the car can also be probable causes.
Following the arrest, the police may then require the arrested driver to undergo a breathalyzer test. Unlike field sobriety tests, the breath test is mandatory.
Florida has recently updated its law regarding the breathalyzer test. As reported by the Florida Law Enforcement Liason Program, beginning October 1, 2025, refusing breath and urine tests has become a criminal offense. A first refusal is a second-degree misdemeanor, while subsequent ones are first-degree misdemeanors.
Should You Refuse a Field Sobriety Test?
It’s up to you, but remember that it’s your right to say no to field sobriety tests. However, you should refuse in a polite manner and state it as clearly as possible. Tell the police officer you’re refusing to undergo FSTs as advised by your legal team (if you have one).
Frequently Asked Questions
Can an Officer Take Your License if You Refuse a Sobriety Test?
If the test you refuse is a field sobriety test, then no, the police cannot automatically take your license away. However, they can suspend your license if you refuse a breathalyzer test.
Failure to submit to a legal breathalyzer test requirement can result in the suspension of your driving privileges for a period of one year on the first refusal, under Florida Statutes 316.1932. Subsequent refusals will result in a license suspension of 18 months.
What Are the Types of Field Sobriety Tests?
There are several types of field sobriety tests conducted on Florida roadsides, with the most common (and often first done) being the Horizontal Gaze Nystagmus (HGN) test. After this, police officers can also conduct the “Walk-and-Turn (WAT)” test and the “One-Leg Stand (OLS)” test.
None of those three tests is 100% accurate. Even the most accurate, the HGN test, still has a high error margin of 23%. As the U.S. Department of Justice Office of Justice Programs explains, HGN’s reliability rate is 77%, 68% for WAT, and 65% for OLS.
Is It Smart to Hire a DUI Lawyer?
Yes, it’s wise to hire a highly experienced DUI lawyer, especially right after the police make an arrest. The sooner you work with one, the sooner your attorney can begin preserving your rights and building your DUI defense strategies.
Your DUI lawyer will gather evidence immediately following the arrest, including your personal account of what happened and witness testimonies. They’ll also review video footage and police reports to identify any potential mistakes (e.g., unlawful arrest or forcing FSTs).
No Police Officer Can Mandate Field Sobriety Tests
Now you know that the answer to the question “Can you refuse a field sobriety test in Florida?” is yes. It’s your right, although police can still arrest you for DUI if they have probable cause.
Before you agree to anything the Florida police say, reach out to the highly experienced DUI lawyers at RHINO Lawyers. We’ll use our in-depth knowledge, skills, and experience to help protect your freedom and future. We’ve done the same for hundreds of other cases we’ve won for clients in similar situations.
Our hotline is available 24/7, so get your free instant case evaluation today.
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RHINO Lawyers can help and guide you through a system molded by law enforcement, judges, and lawyers for decades. Having won cases for our clients in similar circumstances, our criminal defense team knows what it takes to fight on your behalf.
Let RHINO Lawyers answer your questions and review the facts of your case with a Free Consultation. So, get started by completing the “Free Instant Case Evaluation” or by calling us any time, day or night, at (844) RHINO-77.
