Can I Refuse a Field Sobriety Test in MI?

If you get pulled over in Michigan under suspicion of driving while under the influence of drugs or alcohol, you may be asked to participate in field sobriety testing. Being on the side of the road with a police officer who believes you are intoxicated can be daunting, so fully understanding your legal rights and options is imperative. To learn whether you can refuse a field sobriety test in Michigan, continue reading and reach out to an experienced Marquette DUI lawyer today.

What is a Field Sobriety Test?

Field sobriety tests are assessments conducted by law enforcement officers during a traffic stop to help determine whether a driver is operating their vehicle under the influence of drugs or alcohol. The National Highway Traffic Safety Administration recognizes three standard tests, as described below.

The horizontal gaze nystagmus test is used to detect involuntary jerking of the eyeballs which can indicate intoxication. It is performed by the driver following a moving object side to side with their eyes while the officer observes their behavior.
The walk and turn test evaluates the driver’s balance and coordination which can be impacted by drugs and alcohol. The driver must walk in a straight line, turn on one foot, and walk back in a straight line, heel to toe.
The one-leg stand tests the driver’s balance as well as their ability to pay attention and follow directions. The driver must balance on one leg for a set amount of time while counting out loud, preferably without swaying, putting their foot down, or losing count.

Can I Refuse a Field Sobriety Test in Michigan?

Yes, in Michigan, you are not legally required to perform a field sobriety test. Refusing to participate will not result in criminal penalties, the way that refusing a breathalyzer or chemical testing will.

However, refusing to submit to the officer’s testing could be used against you in court as evidence that you knew you were intoxicated and refused to complete the tasks in an attempt to hide your guilt.

Should I Refuse or Submit to DUI Testing?

Deciding whether or not to submit to field sobriety tests should be strategic, depending on the matter at hand. These tests can be subjective and inaccurate, not to mention difficult for even a sober individual to pass. If you believe that you will fail the field sobriety test for any reason, whether it is impairment, a health condition, nerves, or anything else, it may be in your best interest to refuse.

However, it is important to note that refusing could make the officer more suspicious of your sobriety. You can still be arrested for a DUI and brought in for chemical testing. To learn more about what is best in your situation, speak with an experienced criminal defense attorney today.