Getting pulled over can be nerve-wracking. The flashing lights in your mirror, the officer’s request for your license and registration, and the dreaded question: Can you step out of the vehicle for a field sobriety test? At that moment, your mind races. Can you refuse a field sobriety test? And if you do, what happens next?
Before you make a decision, you should understand your legal rights, the consequences of refusing field sobriety tests, and how a skilled Nebraska DUI defense attorney can help you navigate the legal process. At Petersen Criminal Defense Law, we focus exclusively on criminal defense, and we have handled over 8,000 cases, including DUI charges. We’re here to protect your rights if you’re facing legal trouble.
What Are Field Sobriety Tests?
Field sobriety tests (FSTs) are physical and cognitive exercises law enforcement officers use to assess impairment. These tests typically include:
- Horizontal Gaze Nystagmus (HGN) test—officers track your eye movements to detect involuntary jerking, which can indicate intoxication;
- Walk-and-Turn test—you must walk in a straight line, turn, and walk back, testing balance and coordination; and
- One-Leg Stand test—officers ask you to stand on one leg while counting aloud to assess focus and stability.
While these tests are designed to gauge impairment, they are highly subjective. Factors like medical conditions, nerves, natural lack of physical coordination, or even poor footwear can influence them. Furthermore, officers frequently give rapid and specific instructions, expecting you to follow them precisely. If you misstep slightly or miscount the number of steps you take, for example, officers often interpret that to mean you are impaired—when you might simply have misunderstood the instructions.
What Happens If You Refuse a Field Sobriety Test?
Can you be arrested for refusing a field sobriety test? Is there a penalty for refusing a field sobriety test? These are common questions.
Refusing to take the FSTs does not carry an automatic or direct penalty under Nebraska law, and law enforcement cannot arrest you for a refusal. However, officers can arrest you without a failed test if they have probable cause based on other observations, such as the following:
- Erratic driving—swerving, speeding, or failing to stop at signals;
- Physical signs of intoxication—slurred speech, bloodshot eyes, or the smell of alcohol; and
- Incriminating statements—admitting to drinking before driving.
Therefore, while refusing FSTs cannot result in direct penalties, it can have indirect consequences, including:
- Officers may still arrest you. Refusing FSTs does not prevent an officer from arresting you if they have other reasons to suspect you are impaired.
- Prosecutors may use your refusal in court. While refusal isn’t illegal, the prosecution may argue that you refused because you knew you would fail. This could harm you at trial, where a jury could assume your refusal was an attempt to hide incriminating evidence of impairment.
- You may still be required to take a chemical test. Nebraska’s implied consent laws mean the police can require breath or blood tests regardless of your FST refusal.
Therefore, while law enforcement can’t arrest or penalize you for refusing the FSTs, if an officer believes they have enough evidence of impairment, they can still arrest you for DUI. After arrest, they can request a breath or blood test, which Nebraska’s implied consent law does make mandatory. If you refuse a breath or blood test, that refusal can result in penalties such as an automatic suspension of your license.
Petersen Criminal Defense Law Can Help
Can you refuse a field sobriety test? We hope to have shed some light on the answer to that question today. And we are here to answer all of your questions if you or a loved one has been arrested.
Petersen Criminal Defense Law has defended over 8,000 cases since 1995. Our firm, led by Tom Petersen—a nationally recognized DUI defense attorney—knows Nebraska DUI laws inside and out. As a National Advocacy for DUI Defense (NAFDD) member, Tom was named one of Nebraska’s Top 50 DUI defense attorneys. With decades of experience handling such cases, he knows how to challenge questionable evidence and protect your rights.
When you work with us, you benefit from:
- Aggressive defense strategies that challenge unlawful stops and unreliable tests;
- In-depth legal analysis to find weaknesses in the prosecution’s case;
- 24/7 availability serving Omaha and surrounding areas when you need help most; and
- A results-driven approach focused on minimizing charges or getting cases dismissed.
If police arrest you or a loved one for DUI, don’t wait. Contact us today for a free, confidential consultation. Our skill and dedication could mean the difference between a conviction and a dismissed charge.
Petersen
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