Refusing Field Sobriety Tests in Arkansas

Q.  Can I refuse to take field sobriety tests?

A.  Yes!  Contrary to a refusal to take a breathalyzer (or other chemical test other than a blood test), a refusal to take field sobriety tests is NOT a violation for which a charge can be added. However, the police officer almost never volunteer the fact that you can refuse to take them. Many people take the tests either because 1) they want to prove to the police officer that they are not intoxicated or 2) they do not want to anger the officer into charging them with a DWI/DUI. However, in our experience, it is VERY rare for a person to pass the tests (since many sober people fail these tests) or, if you did pass the tests, for an officer to admit that you passed. Moreover, once an officer has requested that you take field sobriety tests, they have usually already formed their opinion that you are intoxicated, and it is HIGHLY unlikely that you will not be arrested for a DWI/DUI (in other words, whether you hurt the officer's feelings by not taking his/her tests, that should be the least of your concerns).