Being arrested for driving under the influence (DUI) can change the course of your life, especially if you don’t handle your arrest and subsequent processing correctly. There are many specific rules to follow before, during, and after a DUI arrest. “Can you refuse field sobriety tests in California?” is one of many questions you should be able to answer if you find yourself facing DUI charges.
By having a grasp on state DUI laws and the rules you must abide by, you can avoid common mistakes and give yourself a better chance at securing a fair outcome for your case. It’s also wise to hire a DUI lawyer to represent you throughout your case. That way, you can focus on securing a fair outcome while your attorney handles the nuanced details of the case.
Understanding Field Sobriety Tests
With 1,355 fatal alcohol-involved accidents in just one year in California, DUI arrests are far too common. However, many Californians still have misconceptions about their rights when pulled over for impaired driving.
If you’re pulled over on suspicion of impaired driving in California, you can expect law enforcement to run through a series of steps to determine whether you’re inebriated, as well as your level of impairment if you are, in fact, impaired. One of these steps is administering a field sobriety test (FST). This process involves completing physical and mental exercises while on the side of the road in order to determine if you’re impaired by drugs or alcohol.
There are three standardized FST tests that the National Highway Traffic Safety Administration (NHTSA) has approved:
- One-Leg Stand
- Horizontal Gaze Nystagmus (HGN)
- Walk and Turn
You also may be asked to complete tasks such as reciting the alphabet, counting backward, or touching your nose.
Can You Refuse Field Sobriety Tests in California?
It’s important to note that FSTs are completely voluntary in the state of California unless you have a previous criminal record that affects your ability to refuse the test. This means that, yes, you can refuse a field sobriety test in California, unlike a blood or breath test. However, an officer still has the right to arrest you without the FST results if they have valid suspicions of your impairment.
Hire a DUI Lawyer to Advocate for You in a California DUI Case
If you’re charged with DUI in California, it’s recommended that you reach out to a local criminal defense lawyer you can trust. At Kolacia Law Firm, we serve clients throughout San Bernardino, Riverside, and Orange Counties and surrounding areas. We’re prepared to take on these complex matters no matter the details of your case and criminal history.
Our team brings extensive experience representing clients in criminal courts throughout Southern California. We’re led by Daniel Kolacia, who founded the Vehicular Homicide Unit and still trains law enforcement on DUI. He’s also a former District Attorney, so he brings extensive experience representing clients in California criminal courts on both sides of the aisle.
Over the years, we’ve earned accreditation and an A+ rating with the Better Business Bureau. We’ve also maintained a 5.0 rating on Google.*
Reach Out to an Experienced California DUI Attorney
If you’re ready to discuss your case in more detail, contact the office to set up a consultation with a member of our team today. Our office is in Southern California near I-10 and I-15.
*Reviews from past clients and industry accolades do not guarantee future case results. Each organization’s selection criteria may differ.
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