If a police officer in Wisconsin suspects you of drunk driving, they may ask you to perform field sobriety tests. These roadside exercises evaluate your coordination, balance, and attention. Field sobriety tests help officers decide whether they have probable cause to arrest you for operating while intoxicated (OWI). What happens if you refuse?
Field Sobriety Tests vs. Chemical Tests
The first distinction to understand is the difference between field sobriety tests and chemical tests. Chemical tests (blood, breath, and urine tests) measure blood alcohol concentration (BAC). Wisconsin’s implied consent law requires drivers to submit to chemical testing after an OWI arrest. Refusing a chemical test comes with automatic penalties, including a license revocation and potential ignition interlock requirements.
Field sobriety tests, however, are not covered under implied consent. You are not legally required to perform them.
Can You Refuse a Field Sobriety Test?
You can refuse to perform field sobriety tests. There’s no law that obligates you to participate. Because the tests rely heavily on subjective observation by the officer, many drivers worry about “failing,” even if they haven’t had much to drink. Weather conditions, medical issues, and nervousness all affect performance.
Refusing may prevent an officer from gathering additional evidence against you. However, it doesn’t guarantee you won’t be arrested. If the officer believes there’s enough probable cause based on your driving and other factors, they can still make an arrest.
Generally, law enforcement requests field sobriety tests to strengthen their case. Since the results are based on physical performance, they can create persuasive evidence for the court. However, their reliability is questionable. Not all test results hold up under scrutiny. An experienced OWI defense attorney can review your case and determine whether you should challenge the results.
What Are the Consequences of Refusing?
Refusing a field sobriety test doesn’t carry automatic penalties like refusing a chemical test, but it can still affect your case. Prosecutors will argue that you refused because you were intoxicated. Judges and juries can consider your refusal as part of the evidence against you.
On the other hand, agreeing to the tests can give the officer evidence that might be used against you. For example, if you stumble during the walk-and-turn, that observation can support probable cause for arrest. In short, you may avoid giving the officer additional evidence against you, but your refusal can be used as evidence, too.
What if You Refuse a Chemical Test?
Don’t confuse refusing a field sobriety test with refusing a chemical test. Unlike field sobriety tests, you don’t have the right to refuse a chemical test without facing automatic consequences. These consequences can include:
- Driver’s license revocation for at least one year
- Ignition interlock device installation in certain cases
- Potential alcohol assessment and treatment requirements
Remember, even if your chemical tests indicate you were under the influence of alcohol or drugs, that doesn’t mean you’re automatically out of defense options.
Know Your Rights and Make an Informed Choice
Knowing your rights helps you make informed choices during an OWI stop. You can legally refuse a field sobriety test in Wisconsin, but the refusal may not prevent arrest. It can reduce the amount of evidence the police collect—but your refusal can be used against you in court.
If you’re facing OWI charges, these decisions are an important part of building your defense. Every case depends on the specific facts, including how the officer handled the stop and how the law applies to your situation.
Talk to a Wisconsin OWI Defense Lawyer Today
If you’ve been arrested for OWI in Wisconsin, J. Kippa Law, LLC can help you understand your rights and your options for a strategic defense. Contact us today to discuss your case.
