Do You Have to Submit to Field Sobriety Tests?
California police officers commonly use field sobriety tests to determine if a driver is impaired. Field sobriety tests such as the walk-and-turn test a driver’s coordination, balance, and motor skills all at once. These types of tests can occasionally show that a driver is impaired, but they are subjective exercises that are prone to errors. There are many reasons why even sober drivers can fail a field sobriety test and it is common for officers to see signs of impairment when there are none.
Under California law, field sobriety tests are voluntary. It is common, however, for officers to encourage participation in these tests without informing drivers that they are not mandatory. You have the right to refuse to take a field sobriety test. You should know that declining to take a test may result in an arrest and you are required by law to submit to a chemical test at the station.
