A traffic stop in Michigan can quickly turn stressful—especially when you’re asked to step out for testing. So, can you legally refuse a field sobriety test in Michigan?
Yes, you can legally refuse a field sobriety test in Michigan because it is voluntary and not required by law. However, refusal may still lead to arrest based on other evidence.
As a former prosecutor turned DUI defense attorney, I’ve handled hundreds of these cases and know exactly how to challenge flawed field tests. Let’s break down what you need to know.
What Is a Field Sobriety Test?
A field sobriety test is a series of physical and cognitive exercises police use during a DUI traffic stop to evaluate a driver’s level of impairment.
A roadside sobriety test—also called a DUI traffic stop test—is a series of physical and cognitive exercises police use during a stop to evaluate a driver’s level of impairment.
These are not chemical tests—they’re subjective assessments, often recorded by dash or body cameras.
Common Standardized Tests:
- Horizontal Gaze Nystagmus (HGN) – Eye tracking for involuntary movement
- Walk-and-turn DUI test – Assesses coordination, divided attention, and balance
- One-Leg Stand (OLS) – Balance, timing, and mental focus
Police use these tests to build probable cause for an arrest, but the results can be challenged in court.
Is Refusing a Field Sobriety Test Illegal in Michigan?
No. Michigan law does not require drivers to submit to field sobriety tests, and there are no direct legal penalties for refusing them.
Unlike chemical tests (breath, blood, urine), which fall under Michigan’s implied consent laws, field sobriety tests are optional.
Refusing may still lead to arrest if the officer observes other signs of intoxication, but it cannot result in license suspension by itself.
What Happens If You Refuse a Field Sobriety Test?
Refusing a roadside sobriety test may change how the officer proceeds—but it won’t automatically protect you from being arrested.
If you refuse a field sobriety test, officers may still arrest you based on other signs of impairment. Refusal is legal in most states but can be used in court to imply guilt. Some jurisdictions may also impose penalties like license suspension.
Possible Outcomes:
- Officer may rely on other signs: bloodshot eyes, slurred speech, smell of alcohol
- You may still be asked to take a Preliminary Breath Test (PBT)
- Refusal may raise suspicion, but cannot be used alone to justify arrest
Even without field test results, an experienced attorney can challenge the officer’s justification for arrest based on insufficient evidence.
Can Refusing a Field Sobriety Test Get Your License Suspended in Michigan?
No, refusing a field sobriety test alone will not lead to license suspension in Michigan. These tests are voluntary and not covered by implied consent laws, so refusal has no direct administrative penalties—but arrest may still occur.
Only refusal of a chemical BAC test (like breath or blood) can suspend your license under state law.
Are Field Sobriety Tests Accurate?
These on-the-spot sobriety exams are widely used—but far from flawless.
Field sobriety tests are not highly accurate because they rely on subjective officer judgment and can be affected by medical conditions, anxiety, or poor coordination. Studies show these tests have error rates and may incorrectly indicate impairment.
According to the National Highway Traffic Safety Administration (NHTSA):
- HGN is 77% accurate
- Walk-and-Turn is 68% accurate
- One-Leg Stand is 65% accurate
Performance can be affected by medical conditions, anxiety, weather, or uneven surfaces—not just alcohol.
Many defense cases successfully cast doubt on the reliability of these tests and how they were administered.
Is It Better to Refuse a Field Sobriety Test in Michigan?
In many cases, yes—refusing a field sobriety test in Michigan can prevent subjective evidence from being used against you. These tests are not legally required and are often inaccurate, especially under stress or poor conditions.
Still, refusal may raise suspicion and should be handled calmly. An attorney can advise based on your specific situation.
Should You Ever Take a Field Sobriety Test?
There’s no one-size-fits-all answer, but here are some key considerations:
| Situation | Consideration |
|---|---|
| You haven’t been drinking | You may pass, but risk misinterpretation |
| You feel impaired | Taking the test may create evidence against you |
| Officer seems hostile or convinced you’re guilty | Refusal may prevent additional evidence collection |
Politely refusing the test and asking to speak with an attorney is often the safest route—especially if you feel unsure or nervous.
What Should You Say When Refusing?
If asked to perform a DUI traffic stop test, keep in mind that you are not legally obligated to comply.
If you choose to refuse, keep your statement short and respectful:
“I respectfully decline to perform any field sobriety tests. I’d like to speak to an attorney.”
Staying calm, polite, and silent beyond that can protect you legally—even if you’re arrested.
What If You Were Misled Into Taking a Field Sobriety Test?
Many people comply with field sobriety tests simply because they feel pressured—or believe they are legally required to.
If you were misled into taking a roadside sobriety test, your attorney can challenge its validity in court. Misleading conduct by law enforcement may violate your rights, which could result in suppression of the test results or dismissal of charges.
In Michigan, officers are not obligated to inform you that field sobriety tests are optional. This can lead to defendants taking tests they could have refused.
While not technically a Miranda violation, any misleading or coercive conduct by law enforcement could be used by your attorney to challenge the admissibility of test results—especially if:
- The officer used threatening or forceful language
- You were told refusal would automatically result in arrest
- You weren’t given clear choices or were visibly impaired, anxious, or confused
If you believe you were misled into submitting to field tests, raise this with your attorney immediately—it may open the door for a legal challenge.
What’s the Difference Between Field Sobriety and Breath Tests?
The main difference between roadside coordination tests (like the walk-and-turn) and breath tests is that the former assess physical behavior, while breath tests measure blood alcohol concentration (BAC). Officers use field tests for probable cause and breath tests for legal evidence of intoxication.
Understanding the distinction is critical:
| Test Type | Required? | Refusal Penalty |
|---|---|---|
| Field Sobriety Test | No | None |
| Preliminary Breath Test (PBT) | No | Civil infraction ($100 fine) |
| Chemical BAC Test (DataMaster, blood, urine) | Yes (under implied consent) | License suspension, points |
Field tests are the most optional—chemical tests have the most serious consequences for refusal.
Can You Refuse a Preliminary Breath Test (PBT) in Michigan?
Yes, you can refuse a Preliminary Breath Test (PBT) in Michigan, but it is a civil infraction with a $100 fine—not a crime. Unlike chemical BAC tests, PBTs are not required under implied consent and do not trigger license suspension.
Refusing a PBT might limit the officer’s ability to gather probable cause, but it could escalate the stop.
Can Refusing a Field Sobriety Test Help or Hurt Your Case?
Refusing a field sobriety test can hurt your case by raising suspicion and leading to arrest based on other evidence. While these tests are voluntary in many states, refusal may be used against you in court to suggest impairment.
Refusing may:
- Prevent flawed evidence from being used
- Frustrate officers, possibly escalating the stop
- Force the state to rely solely on other evidence (which may be weak)
A skilled attorney can often argue there was insufficient probable cause for arrest if field tests were refused.
Can Dashcam or Bodycam Footage Help Fight a Field Sobriety Test Arrest?
Absolutely. In Michigan, most DUI stops are recorded via dashcam and/or bodycam, and this footage is often critical for building a defense.
Experienced attorneys can use this footage to:
- Show non-impaired behavior that contradicts the officer’s report
- Expose improper test administration or biased instructions
- Highlight weather or roadside conditions affecting performance
- Reveal physical issues (like injury or mobility limitations)
This visual evidence can sometimes do more to support your defense than your own testimony.
Requesting and preserving video footage quickly is key—it can be overwritten or lost if not obtained promptly.
When Should You Call a DUI Defense Attorney?
Immediately. If you’ve refused a field sobriety test—or were arrested after doing one—timing is everything.
An attorney can:
- Challenge the legality of the stop or arrest
- Contest how the test was administered
- Suppress test results due to improper training or conditions
DG Moore Law has successfully defended countless Michigan drivers facing DUI and OWI charges and is ready to protect your future.
Contact DG Moore for Trusted DUI Defense in Michigan
Being pulled over doesn’t mean you’re guilty—and refusing a field sobriety test may be within your rights. But any misstep during a stop can carry real consequences.
We can help. At DG Moore Law Office, we offer aggressive legal defense tailored to DUI and OWI charges in Michigan. Don’t let a traffic stop define your record.
Call us now at 269-808-8007 or request a free consultation today.
Further Reading:
- What Happens When You Get a DUI for the First-Time in Michigan?
- How to Get a DUI Dismissed in Michigan
- What is the Difference Between 1st, 2nd, and 3rd Degree DUI in Michigan?
- Can You Go to Jail for a DUI in Michigan?
- Do You Need a Lawyer for a DUI in Michigan?
Resources:
- Michigan Drunk Driving Statutes – MCL 257.625
- NHTSA Field Sobriety Testing Overview
- Michigan Courts – Criminal Defense Procedures
