Yes. For most drivers in California, field sobriety tests are voluntary, and you can politely decline them without an automatic license suspension. These are the roadside physical tests like walking a line, standing on one leg, or following a pen with your eyes.
This surprises a lot of people. Officers rarely tell you the tests are optional, and they present them as if you have no choice. But field sobriety tests are designed to gather evidence against you, and they are graded subjectively by the officer. Nerves, injuries, uneven pavement, poor lighting, and bad shoes can all make a sober person look impaired.
Declining these tests is not the same as refusing a chemical test. The pre-arrest PAS handheld breath test is also generally optional for adults over 21 who are not on probation. But once you are lawfully arrested, the post-arrest chemical test of your breath or blood is required under implied consent, and refusing that one carries a one-year suspension.
So you can decline the roadside physical tests and the handheld PAS, but think carefully before refusing a chemical test after arrest. Learn how field sobriety tests are challenged and what implied consent requires.
This is general information, not legal advice, and every case is different. Call Crudo Law at (858) 622-7280 or visit /contact for a free, confidential consultation.