Can You Refuse a Field Sobriety Test in Minnesota?
If you are pulled over on suspicion of driving while impaired (DWI) in Minnesota, the police officer may ask you to step out of your vehicle and perform a series of physical and cognitive exercises. These are known as Standardized Field Sobriety Tests (SFSTs). A common question many drivers have is: “Do I have to take these tests, or can I refuse?”
Understanding Field Sobriety Tests
The National Highway Traffic Safety Administration (NHTSA) has standardized three main field sobriety tests:
- Horizontal Gaze Nystagmus (HGN): The officer observes your eyes as you follow a moving object, looking for involuntary jerking.
- Walk and Turn: You are asked to take nine heel-to-toe steps along a straight line, turn and take nine steps back.
- One-Leg Stand: You must stand with one foot raised about six inches off the ground while counting aloud.
Officers use these tests to look for signs of impairment and establish probable cause to arrest you for a DWI.
You Have the Right to Refuse SFSTs
In Minnesota, field sobriety tests are completely voluntary. You are not legally required to perform the HGN, Walk and Turn or One-Leg Stand tests. If an officer asks you to perform these exercises, you can politely decline.
It is important to understand that these tests are highly subjective and designed for you to fail. Factors such as uneven road surfaces, poor lighting, medical conditions, fatigue or simply being nervous can cause you to perform poorly, even if you are completely sober. By agreeing to take the tests, you are providing the officer with evidence that can be used against you in court.
What About the Preliminary Breath Test (PBT)?
In addition to physical exercises, the officer may ask you to blow into a handheld Preliminary Breath Test (PBT) device at the side of the road. Like the SFSTs, you have the right to refuse the PBT. However, refusing the PBT can be used as a basis for the officer to arrest you if they have other reasons to suspect impairment (such as the smell of alcohol or slurred speech).
The Implied Consent Law and Evidentiary Testing
While you can refuse roadside field sobriety tests and the PBT without facing criminal penalties for the refusal itself, the rules change once you are arrested. Minnesota’s Implied Consent Law states that by driving on state roads, you have implicitly agreed to submit to an evidentiary chemical test (blood, breath or urine) if you are lawfully arrested for a DWI.
If you refuse the evidentiary test at the police station or hospital, you will face severe consequences, including:
- Immediate revocation of your driver’s license (typically for one year or more).
- A separate criminal charge for Test Refusal, which is often a more serious offense than the underlying DWI.
What Should You Do If Pulled Over?
If you are stopped for a suspected DWI, remain calm and polite. Provide your driver’s license and registration when asked. If the officer asks you to perform field sobriety tests, you can respectfully say, “I decline to perform any physical tests.” If you are arrested and asked to take an evidentiary chemical test, you have the right to consult with an attorney before making a decision.
Contact a Minneapolis DWI Defense Lawyer
If you have been arrested for a DWI, whether you took the field sobriety tests or refused them, you need experienced legal representation. Contact Barry Hogen Law today for a free consultation. We will evaluate the circumstances of your stop, challenge the evidence against you and fight for the best possible outcome in your case.
