Can I Refuse a Field Sobriety Test During a Traffic Stop in Florida?
If you’re pulled over after having a few drinks, you might wonder whether you should take or refuse a field sobriety test. As a criminal defense attorney in Fort Lauderdale, I get this question all the time. The short answer is yes, you can refuse—and in many cases, that may be your best option.
What Happens If You’re Pulled Over for DUI?
If an officer suspects you’ve been drinking, they may ask you to step out of the car and perform field sobriety exercises like:
- Walking in a straight line
- Standing on one leg
- Following a pen with your eyes
Should You Refuse the Field Sobriety Test?
The reality is, if you’re being asked to take these tests, there’s already a good chance you’re getting arrested for DUI. Field sobriety tests are highly subjective, and officers can use even small mistakes against you.
By refusing, you:
✅ Avoid providing evidence that could be used in court.
✅ Reduce the state’s ability to prove impairment beyond a reasonable doubt.
✅ Still face potential arrest, but with less evidence against you.
What About Florida’s Implied Consent Law?
Florida’s implied consent law applies to breath, blood, or urine tests, not field sobriety exercises. Refusing a field sobriety test does not result in an automatic license suspension, unlike refusing a breathalyzer.
Call an Attorney Immediately
If you’ve been arrested for DUI in Fort Lauderdale, call Michael White, P.A. at 954-270-7696. I’ll review your case and fight for the best possible outcome. Don’t let one mistake ruin your future—get the defense you deserve.
