If you’re stopped on suspicion of driving under the influence (DUI), an officer may ask you to perform field sobriety tests. Do you have to take field sobriety tests in Nevada?
Legally, no. Nevada law doesn’t require them, so refusing them isn’t a crime (note that you cannot refuse chemical testing under Nevada’s implied consent law). These tests are voluntary, even if an officer presents them as mandatory. However, if you refuse a field sobriety test, the officer may use this as probable cause to support a DUI arrest. It could also be used later as circumstantial evidence against you.
Field sobriety tests can give law enforcement clues about possible impairment, but they’re subjective and can be unreliable. Standardized field sobriety tests typically include:
- Walking heel-to-toe in a straight line
- Standing on one leg for a set amount of time (one-leg stand test)
- Following an object with your eyes
Many factors (not just alcohol) can affect how you perform. Fatigue, anxiety, injuries, uneven pavement, weather conditions, and some medical issues can all make these tests difficult. Even someone who hasn’t had anything to drink can struggle under roadside pressure.
Your performance isn’t evaluated in isolation, either. Law enforcement officers combine what they see during the tests with other observations, including:
- Speech patterns and slurring
- Balance while getting out of your vehicle
- Responses to questions
- Alcohol or drug odor
Once officers record their observations in a police report, those observations can carry significant weight and may be difficult to challenge without experienced legal review.
Refusing field sobriety tests doesn’t automatically prevent an arrest. A police officer can still arrest you for DUI if they believe probable cause exists based on other factors, such as driving behavior or physical observations. That said, refusal can limit the amount of subjective evidence the prosecution later relies on.
Remember, anything you do or say during a stop may be used against you later. You’re allowed to politely decline field sobriety tests without arguing or explaining yourself. A calm, respectful refusal can reduce the risk without escalating the stop.
The attorneys at Adras & Altig regularly review FST procedures and officer reports to look for flaws that may weaken the prosecution’s case.