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Can I Lose My License for Field Sobriety Test Refusal?


If officers stop you after drinking, you may feel panicked and wonder if you’ll pass sobriety tests. Field sobriety tests are voluntary roadside examinations that police officers may ask you to perform if they suspect impaired driving. However, you can legally refuse field sobriety testing without immediate legal repercussions. Not so with a breathalyzer or blood test examination at the police station. Refusing tests at the station can result in license suspension! Read on to learn more about when a field sobriety test refusal is okay. Learn when you can say no to roadside requests from law enforcement officers.

Refusing Field Sobriety Tests

Under North Carolina law, you are not legally required to perform standard field sobriety tests. The police officer may not legally coerce you into performing these roadside tests. You have the legal right to turn down any field sobriety test!

While authorities may claim that you refused field tests due to your intoxication, there are no immediate legal repercussions. However, unlike field testing, rejecting the EC/IR-II breathalyzer examination at the police station results in the immediate revocation of your North Carolina driver’s license.

In North Carolina, there are numerous grounds on which the DMV can revoke your driver’s license without a court order. Administrative suspension happens when the DMV revokes your license without a court hearing. However, a judge may also revoke or suspend your license without a hearing if you commit specific offenses, such as:

  • Refusing breathalyzer testing (breath test) at a police station. However, you can’t lose your license for failing field sobriety tests unless the court convicts you of DWI.
  • Chemical test refusal (drug testing) at the police station
  • Driving while impaired
  • Driving a motor vehicle with a suspended or revoked license
  • Speeding or reckless driving
  • Accumulation of SDIP points
  • Moving violations while on license suspension
  • Driving while impaired (temporary license revocation of at least one year)

What Are Field Sobriety Tests in North Carolina?

A police officer has a right to make a traffic stop if they have probable cause, such as speeding or driving recklessly in some way or if they have reasonable suspicion that a crime is occuring (such as DWI). Often, the officer asks you questions about whether you have been drinking next. You can legally politely decline to answer any questions they may ask you.

However, if the officer suspects you’ve been drinking, they will try to establish probable cause for impaired driving before making a DWI arrest. If they suspect you’re an impaired driver, police officers may ask you to perform field sobriety tests or voluntary roadside examinations to determine your level of impairment.

Usually, these preliminary alcohol screening tests involve physical and mental coordination tasks such as following a penlight with your eyes, walking heel to toe in a straight line, and standing on one leg for 30 seconds.

If an officer suspects you’re impaired, they will seek additional evidence to support their suspicion. The National Highway Traffic Safety Administration standardized some field sobriety tests, while other tests are popular unproven field tests.

If you perform poorly on these tests, (and almost everyone does, even sober), the officer may ask you back to the station for more testing. If you have medical conditions or other factors that may impact your success, it’s good to let the arresting officer know before beginning any field tests. You can also legally refuse any field test.

Suppose you’re unsure how to answer questions or whether refusing a field sobriety test is in your best interest. In that case, you can inform the officer that you’d like to contact a local DWI attorney.

Standardized Field Sobriety Tests

There are three tests scientifically validated as standardized field sobriety tests that officers may point to in a court of law. (1)

Horizontal Gaze Nystagmus Test

Have you ever noticed the involuntary jerking of someone’s eyes as they look to either side? This is called Horizontal Gaze Nystagmus (HGN) and typically occurs when certain substances have impaired a person. In contrast, sober individuals have smooth eye movements while looking toward each side.

When performing the Horizontal Gaze Nystagmus (HGN) test, officers ask you to stand with your feet together and arms at your sides. You must remain motionless as they request that you track a stimulus movement with only your eyes. They are analyzing for any signs of impairment during this process.

Many police officers make mistakes when administering and interpreting the HGN test. It is essential to have an attorney with a deep understanding of this eye test assessment to guard your rights. 

Experienced DWI lawyers can assess if the officer in charge correctly conducted and accurately interpreted the results from this tricky evaluation- something you cannot do on your own!

Walk and Turn Test

The walk-and-turn test is another common way officers try to determine your sobriety.

For this test, you’ll need to stand with your feet in a heel-to-toe position and keep your arms at the side while listening. Next, walk an imaginary line counting nine steps, each step heel-to-toe. Afterward, take nine more steps back while counting. However, first, you’ll turn in a prescribed manner while keeping your hands by the sides of your body so that they are visible throughout the test.

Officers administering the Walk and Turn test can recognize eight distinct clues throughout a subject’s performance:

  • Inability to maintain balance while listening
  • Prematurely starting too soon
  • Intermittent stopping during the walk
  • Not touching heel-to-toe when taking steps
  • Deviating from the line of direction established by officers
  • Relying on arms to sustain balance
  • Executing an incorrect turn while walking
  • Failing to take the exact amount of stipulated steps

Officers may detain you if they detect only two of the eight warning signs. However, untrained officers often mistake what they witness or communicate inaccurate instructions to you.

Officers may also cause inaccurate results if there is an uneven surface level or unfavorable weather. Factors like the age and weight of the participant can also influence results.

One Leg Stand Test (OLS)

The one-leg stand test requires you to showcase your balance by standing on a single leg and sustaining that position. This assessment reveals how steady you can remain while balancing on just one foot.

With this test, you have to keep your arms by your sides and listen carefully as the officer gives instructions. Then, you will lift one foot off the ground six inches with both legs straightened, your toe pointed, and your foot parallel to the ground.

As you balance on one foot, the officer will prompt you to count out loud, “one thousand one,” “one thousand two,” and so forth, until they instruct you to stop. This test measures your ability to concentrate on steady balancing and counting at the same time.

As they time you, the officer looks for four signs: swaying while standing still; using arms for maintaining equilibrium; hopping instead of balancing in place; or putting feet down before being told to do so.

Critics of the one-leg stand test claim it’s difficult for a sober person to perform this test successfully. Yet this test is typically administered on the side of a road, often at night, with distractions such as:

  • An uneven road
  • Darkness
  • Cars passing by quickly
  • You may be overweight
  • You may have physical limitations that make you unable to perform the test
  • Your age may contribute to a lack of balance

Working with an experienced DWI attorney can help results from this test lose their impact in a court of law.

Roadside Field Breath Tests

In addition to the field sobriety tests above, officers may give you a breathalyzer test on the side of the road.

The only part of this test that matters in court is whether the breath samples were positive or negative for alcohol. A knowledgeable attorney can often have this evidence thrown out.

However, a breathalyzer taken at the station is another matter entirely! If a breathalyzer or blood test given at the station shows a blood alcohol concentration at .08 or above, you’ll face DWI charges. Blood tests may show impairment from other substances.

Field Sobriety Tests Vs. Police Officer Testing at the Station

Whether a field test is standardized or not, you have the right to politely refuse testing done outside of the police station.

However, you will automatically lose your license for at least one year if you refuse a breath test or blood test at the police station. These chemical tests can prove to a court of law that you reached the level of legal intoxication.

Our Experienced DWI Attorneys Can Help

We can work with you to build a solid defense if you’re facing DWI charges. While the prosecution’s case may focus on results from field sobriety tests, our strategic legal defenses will often challenge the evidence from these tests. Usually, it’s also possible to get a limited driving privilege even if the DMV revokes your license for a DWI conviction.

Our experienced attorneys will fight for your rights and explore all possible defenses. Refusing field sobriety tests can be beneficial in some cases, but you should always consult a lawyer before making that decision.

Contact us today to receive the legal guidance necessary to navigate this complex situation!