Can I Refuse Field Sobriety Tests in Georgia?

If you are pulled over on suspicion of DUI in Georgia, the officer will likely ask you to step out of the vehicle and perform Standardized Field Sobriety Tests (SFSTs), such as the Horizontal Gaze Nystagmus (the eye test), the Walk and Turn, and the One-Leg Stand. One of the most common questions drivers have is: Do I have to take these tests?

The short answer is: No. You have the right to refuse Field Sobriety Tests in Georgia, and doing so is often in your best interest.

Why You Should Consider Refusing SFSTs

Field Sobriety Tests are voluntary. Unlike the state-administered chemical test (breath, blood, or urine) governed by Georgia’s Implied Consent law, there is no legal penalty for refusing to perform the physical agility tests or the hand-held portable breath test (PBT) on the side of the road.

Here is why politely declining these tests is generally recommended:

• They Are Designed to Build Evidence Against You: The primary purpose of SFSTs is to give the officer probable cause to arrest you and to gather evidence for the prosecution. Passing these tests is incredibly difficult, even for sober individuals, due to nerves, physical conditions, and the subjective nature of the officer’s grading.
• Subjective Evaluation: Your performance is judged entirely by the officer on the scene. What you might consider a slight stumble, the officer will record as a “clue” of impairment.
• The Tests Are Scientifically Flawed if Not Perfect: Standardized Field Sobriety Tests are scientific tests created by NHTSA. However, they are only considered scientifically reliable—and therefore legally admissible—if the officer administers them strictly according to the manual. Even minor variations from the standardized procedures destroy their scientific validity. Furthermore, even when administered perfectly, they have significant margins of error and are easily affected by age, weight, medical issues, footwear, and environmental conditions.

How to Refuse the Tests

If an officer asks you to perform Field Sobriety Tests, you should remain calm and polite. You can simply state, “I respectfully decline to perform any field sobriety tests without speaking to my attorney.”

Do not argue with the officer or resist arrest if they decide to take you into custody. Refusing the tests will likely result in your arrest, as the officer will rely on other observations (like the smell of alcohol or your driving behavior), but it prevents them from gathering additional physical evidence to use against you in court.

Refusing SFSTs vs. Refusing the State Chemical Test

It is crucial to understand the difference between the voluntary Field Sobriety Tests and the mandatory state-administered chemical test. After you are arrested, the officer will read you the Georgia Implied Consent Notice and request a chemical test of your breath, blood, or urine (this is usually done at the station or a hospital, not on the side of the road).

If you refuse this state-administered test, your driver’s license will face an automatic administrative suspension of up to one year (a “hard suspension” with no limited permit available). While you can still fight this suspension by requesting an Administrative License Suspension (ALS) hearing within 30 days, the consequences of refusing the chemical test are much more severe than refusing the roadside agility tests.

What If I Already Took the Tests?

If you already performed the Field Sobriety Tests and were arrested, don’t panic. The Law Office of Gordon Hall, LLC has extensive experience analyzing dashcam footage and cross-examining officers based on the strict protocols outlined in the 2023 NHTSA Instructor Guide. We know how to expose improper administration and challenge the validity of the results.