Many people assume they must follow every instruction during a traffic stop, including roadside sobriety tests. But in Wisconsin, you have the legal right to refuse field sobriety tests, though it’s important to understand the risks and consequences.
You can legally say no to field sobriety tests
Field sobriety tests include tasks like walking in a straight line, standing on one leg, or following a pen with your eyes. Officers use these tests to observe signs of intoxication before arresting you. These tests are not mandatory in Wisconsin. If an officer asks you to perform them, you can politely decline.
Refusing these tests can help avoid giving the officer more evidence to use against you. Many sober drivers fail FSTs due to medical conditions, anxiety, or even bad weather. Officers can still arrest you if they believe they have enough evidence, but refusing the tests does not carry a separate penalty.
Refusing is not the same as refusing a chemical test
Many people confuse field sobriety tests with chemical tests like breath, blood, or urine testing. Wisconsin’s implied consent law requires drivers to take chemical tests after arrest. Refusing a chemical test comes with automatic penalties, including license suspension.
But roadside field sobriety tests happen before any arrest and fall outside of implied consent. You can legally refuse them without facing a license suspension, though the officer may still decide to arrest you based on other signs of impairment.
Know your rights and stay calm
If an officer pulls you over on suspicion of impairment and asks you to take a field sobriety test, stay polite and calm. You can say something like you can protect your rights and decline a field sobriety test if you choose to do so.
