Should I refuse a field sobriety test?
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Should I refuse a field sobriety test?

On Behalf of | Apr 11, 2022 | Criminal Defense

The prospect of receiving an OWI is scary. However, you do have certain legal rights. According to, you have the right to refuse a field sobriety test. The same privilege does not apply to breath tests, though.

If you get pulled over on suspicion of driving while intoxicated, you need to know your options. See below to learn about what happens when you refuse sobriety tests in Indiana.

Refusing a field sobriety test

You should always comply when police pull you over. Immediately use a legal maneuver to pull to the side of the road, turn off your engine and roll down your window. Do not reach for your license and registration until the officer tells you to. If the officer asks you to step out of the car, do so. However, do not divulge any information about your drinking and try to respond with yes or no answers if possible. When they ask you to perform a field sobriety test, politely refuse. However, understand they can still arrest you and ask for a breath test.

Automatic license suspension

Refusing a breath test becomes more complicated. You immediately lose your license for one year. In addition, the officer might request a search warrant which grants them the ability to test you forcibly. Before you refuse any testing while under arrest, consult with a lawyer.

Do not take unnecessary risks while driving. However, if you find yourself in the unfortunate situation of being in suspicion of an OWI, the least you should do is understand your rights. Though you have the right to refuse any test an officer wants to administer, the consequences might not be worth it.