What Happens if You Refuse a Field Sobriety Test in Florida
By Jonathan Blecher on August 7, 2015
What Happens If You Refuse a Field Sobriety Test in Florida?
What Happens After Refusal
In Florida, drivers are not legally required to perform field sobriety exercises during a DUI investigation. Unlike breath, blood, or urine testing under Florida’s implied consent law, field sobriety tests are generally considered voluntary. However, refusing these exercises can still significantly affect a DUI investigation and the prosecution’s case.
Officer Observations Continue
Even after a refusal, law enforcement officers may continue gathering evidence of alleged impairment. Officers frequently rely on observations involving:
- Driving behavior
- Slurred speech
- Odor of alcohol
- Bloodshot eyes
- Balance issues
- Admissions regarding alcohol consumption
Police reports may still describe the driver as impaired even when no field sobriety exercises were performed.
Arrest May Still Occur
Refusing field sobriety exercises does not prevent law enforcement from making a DUI arrest in Florida. Officers may still conclude they have probable cause based on the totality of the circumstances observed during the traffic stop and investigation.
Police rely on driving patterns, odor of alcohol, speech, balance, admissions, and physical appearance when making arrest decisions. In many DUI investigations, drivers who decline roadside exercises are still taken into custody and transported for breath, blood, or urine testing after the arrest occurs.
Refusal May Be Used in Court
Although field sobriety exercises are generally voluntary in Florida, prosecutors may still argue that a refusal suggests the driver believed they would perform poorly because of impairment. An experienced criminal defense attorney will usually challenge those arguments by presenting alternative explanations for the refusal.
These explanations may include medical conditions, physical limitations, anxiety, confusion, or distrust of roadside testing procedures. Depending on the circumstances, jurors may hear evidence that the driver declined field sobriety exercises unless the court limits or excludes that evidence for legal or constitutional reasons.
Additional Investigation After Refusal
After a refusal, officers may increase their reliance on:
- Body camera footage
- Dash camera recordings
- Witness statements
- Chemical testing results
- Officer testimony
The absence of field sobriety exercises does not automatically weaken the prosecution’s case, but it may reduce certain forms of evidence prosecutors commonly use in DUI trials.
Legal Consequences
Refusing a field sobriety test in Florida does not carry the same automatic license suspension penalties associated with refusing a lawful breath, blood, or urine test under the implied consent law.
No Automatic Suspension for Field Sobriety Refusal
Because field sobriety exercises are generally voluntary, refusing them alone typically does not trigger:
- Automatic driver’s license suspension
- Separate criminal refusal charges
- Mandatory fines or jail penalties
However, officers may still arrest the driver if they believe other evidence establishes probable cause for DUI.
Prosecutorial Use of the Refusal
Although refusing field sobriety exercises is not a separate criminal offense in Florida, prosecutors may still attempt to use the refusal as circumstantial evidence during a DUI prosecution. The state may argue that the driver declined testing because they believed the exercises would reveal impairment.
Defense attorneys may counter those claims by explaining that the refusal resulted from medical conditions, injuries, nervousness, fatigue, confusion, uneven road conditions, or concerns about the reliability and subjectivity of roadside sobriety testing procedures.
Difference: FST vs. Breathalyzer Refusal
Field sobriety exercises and breathalyzer testing are treated very differently under Florida law.
Field Sobriety Exercises Are Generally Voluntary
Drivers may legally decline roadside field sobriety exercises without triggering automatic administrative penalties. These exercises are intended to help officers assess coordination, balance, and divided attention during roadside investigations. Refusal may still be mentioned in court, but it does not automatically create criminal refusal charges.
Breath, Blood, and Urine Testing Fall Under Implied Consent Laws
Breath, blood, and urine testing are governed by Florida’s implied consent statute. By driving in Florida, motorists are deemed to have consented to lawful chemical testing following a DUI arrest.
Refusing lawful chemical testing can result in:
- Administrative license suspension
- Separate criminal refusal charges under current Florida law
- Additional evidence used by prosecutors in court
Florida’s revised refusal laws now authorize misdemeanor criminal charges for certain breath or urine test refusals following lawful DUI arrests.
What to Do After Refusal
A field sobriety refusal does not automatically determine the outcome of a DUI case. The steps taken after the arrest can still significantly affect the defense strategy and possible case outcome.
Avoid Discussing the Case Publicly
Drivers should generally avoid discussing a DUI arrest with friends, coworkers, family members, or on social media platforms. Statements made after the arrest, even casual comments or online posts, may later be used by prosecutors during the case. Remaining cautious about public discussions can help avoid creating additional evidentiary issues.
Preserve Important Information
Important details may become critical later in the defense process. Individuals should try to document:
- The reason for the traffic stop: Document exactly why officers claimed they initiated the traffic stop during the investigation.
- Officer statements and instructions: Record the officer’s statements, commands, questions, and explanations provided throughout the DUI investigation process.
- Medical conditions or injuries: Note any medical conditions, physical injuries, or medications potentially affecting appearance, balance, or speech during testing.
- Weather and road conditions: Document weather, lighting, traffic, and roadway conditions that may have influenced driving or sobriety exercise performance.
- Witness information: Obtain names and contact information for witnesses who observed driving behavior or police interaction before arrest.
Body camera and dash camera footage may also become important evidence.
Seek Legal Representation Quickly
DUI cases in Florida involve strict deadlines related to driver’s license suspensions, administrative review hearings, and evidence preservation. Prompt legal representation may help protect important rights early in the process. A DUI defense attorney can evaluate police procedures, testing methods, constitutional concerns, and possible defenses that could affect the outcome of the case.
