- Marquette321 N Front St
Marquette, MI 49855 - Munising202 Elm Ave, Ste 5
Munising, MI 49862
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.
Field sobriety tests are assessments conducted by law enforcement officers during a traffic stop on the side of the road to help determine whether a driver is operating their vehicle under the influence of drugs or alcohol. The primary purpose of this test is not to determine guilt, but rather to collect evidence that can be used against a driver. The National Highway Traffic Safety Administration recognizes three standard tests, as described below.
This 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.
This test is used to evaluate 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.
This test examines 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.
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. As such, you will not have your license automatically revoked for refusing to participate.
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. Refusal is often cited as probable cause for a DUI arrest.
Two of the most common tests used to gather evidence of a DUI are field sobriety tests and chemical testing, most commonly conducted through a breathalyzer device. However, these two methods are very different, and each has its own outcomes.
As mentioned, these tests are conducted on the side of the road and often involve the examination of physical signs of intoxication, like balance and coordination. However, these tests are voluntary, meaning they have no direct legal penalty for refusal.
Under Michigan’s Implied Consent Laws, all drivers who operate a vehicle on a public road within the state are required to submit to a breathalyzer test when requested by police. Refusal can result in:
In the event you refuse to participate in a field sobriety test, the officer will examine other factors to determine whether or not you are driving under the influence. Refusal does not prevent arrest, as the officer may charge you based on:
If you are placed under arrest, you may still need to submit to chemical testing, whether at the police station or a hospital.
Deciding whether or not to submit to field sobriety tests should be strategic, depending on the circumstances at hand. These tests can be subjective and inaccurate, not to mention difficult for even a sober individual to pass.
If an officer asks you to participate in a field sobriety test, you may feel uncertain of how to proceed. As mentioned, this decision will depend on the circumstances at the time of the traffic stop, though you should always:
Your conduct during the stop matters just as much as the decision you make, whether it is to participate or refuse.
If you are facing charges for driving under the influence, it’s imperative to connect with an experienced attorney as soon as possible. At Berger Law, our legal team is committed to helping you fight for the best possible outcome, which includes challenging the evidence collected during a field sobriety test and crafting a defense for your unique circumstances. If you’re in legal trouble, do not hesitate to contact our firm today.
© 2025 Berger Law.
All rights reserved | Attorney Advertising