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Are Field Sobriety Tests Voluntary in California DUI Cases?

Field sobriety tests are commonly used during a DUI investigation. An officer may ask you to perform several standardized tests designed to provide evidence that may support an arrest. These can include the walk-and-turn test, one-leg stand, and a test involving the movement of your eyes.

According to the discussion, these tests are voluntary. You do not have to cooperate with or participate in them simply because an officer asks you to.

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What Are Field Sobriety Tests?

During a DUI investigation, an officer may ask you to perform standardized field sobriety tests. The tests discussed include the walk-and-turn test, the one-leg stand, and an eye test where the officer watches your eyes.

The purpose of these tests is to gather evidence that the officer can use to support the belief that you are impaired.

For example, an officer may interpret difficulty walking heel-to-toe, standing on one leg, or performing a particular movement as evidence consistent with impairment.

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Why Do Field Sobriety Tests Matter?

From a Fifth Amendment perspective, these tests are part of the officer's effort to gather evidence that may help establish probable cause for an arrest.

The officer may consider the results along with other observations. If there are no field sobriety tests, no poor driving, no odor of alcohol, and no other reasons suggesting impairment, the officer may have less evidence available to justify an arrest.

The field sobriety tests therefore become another piece of evidence the officer can consider during the DUI investigation.

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What Is a Preliminary Alcohol Screening Test?

An officer may also ask you to blow into a roadside breath-testing device. This is referred to in the discussion as a Preliminary Alcohol Screening, or PAS, test.

The roadside breath test is not considered an evidentiary breath test in the discussion. Instead, it is treated as part of the field sobriety investigation and is voluntary.

An officer may tell you that the test could show that you are not impaired and that you will be allowed to leave. However, the test can also provide evidence that may be used to support an arrest.

If you do not provide that additional evidence, the officer may have less information available to present in support of probable cause.

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What Happens If You Participate?

The rights discussed regarding voluntary field sobriety testing only help if you exercise them. If you voluntarily participate, the results can become part of the evidence in the DUI investigation.

A person may also have difficulty performing these tests for reasons unrelated to alcohol or drugs. Someone may not regularly practice standing on one leg, walking heel-to-toe, or performing the specific movements an officer requests.

The officer may nevertheless view difficulty performing the test as evidence of impairment.

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Can Refusing Affect Your License or Probation?

The discussion also identifies potential consequences for certain people who do not participate.

If you are not on DUI probation, the video states that you generally do not have to take these tests before an arrest.

However, the situation can be different if you are on DUI probation. Failing to participate in a requested field sobriety test could potentially become an issue with probation.

The discussion also notes a potential driver's license issue involving the DMV.

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Why Does the Investigation Matter?

A DUI arrest does not depend on a single observation. The officer evaluates the information available during the investigation and uses that information to determine whether there is sufficient evidence to justify an arrest.

Field sobriety tests and a roadside breath test can provide additional evidence for that decision.

Understanding what these tests are, why officers use them, and when they are voluntary can be important when evaluating a California DUI investigation.

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