Yes. In Arizona, field sobriety tests are voluntary, and you can refuse them without a direct legal penalty for the refusal itself. These roadside exercises are not the same as the chemical breath, blood, or urine test that the implied consent law requires after a lawful DUI arrest under A.R.S. § 28-1321. James Novak is a former Maricopa County prosecutor who now exclusively defends DUI charges in Tempe, Mesa, Chandler, Gilbert, Scottsdale, and Phoenix, and the firm’s DUI defense practice regularly challenges how these tests are administered and scored. If an officer pulled you over and asked you to walk a line or follow a pen with your eyes, understanding what you agreed to — and what you did not have to agree to — is the first step in protecting your case.
Field sobriety tests in Arizona are voluntary, and there is no statutory penalty for politely declining them. This is different from the post-arrest chemical test required under Arizona’s implied consent law, which carries a license suspension if refused. An officer may still arrest you after you decline roadside tests, but refusing limits the subjective evidence the prosecution can use against you.
Field sobriety tests are roadside exercises an officer uses to gather observations about possible impairment and to build probable cause for a DUI arrest. They are physical and cognitive tasks performed on the side of the road — not chemical measurements of blood alcohol concentration. The officer scores your performance by watching for specific “clues,” then uses those observations to justify an arrest and to testify against you later.
The National Highway Traffic Safety Administration (NHTSA) recognizes only three Standardized Field Sobriety Tests (SFSTs):
Arizona officers sometimes add non-standardized tests, such as the finger-to-nose test, reciting the alphabet, or the modified Romberg balance test. James Novak brings a University of Massachusetts engineering background to evaluating these roadside procedures, scrutinizing whether each test was administered and scored the way the NHTSA protocol actually requires.
You can refuse field sobriety tests in Arizona, and there is no statute that makes performing them mandatory or that penalizes you for declining. Unlike the post-arrest chemical test, roadside FSTs are entirely voluntary. Refusing them is not a crime and does not, by itself, trigger a license suspension.
This is the single most important distinction for any Arizona driver to understand. Arizona’s implied consent law, A.R.S. § 28-1321, applies to the breath, blood, or urine test requested after a lawful arrest — not to roadside exercises before arrest. You can decline the walk-and-turn and the one-leg stand without the consequences that attach to refusing the chemical test. During the stop, Arizona law still requires you to provide your driver’s license, vehicle registration, and proof of insurance, but you are not obligated to perform physical coordination tests.
If you choose to decline, stay calm and be respectful. A simple, clear statement such as “I respectfully decline to perform field sobriety tests” is enough. You do not need to argue or explain. Be aware that the officer may still arrest you based on other observations, and the prosecution may try to characterize your refusal as a sign of guilt — an argument an experienced DUI defense attorney can challenge.
Field sobriety tests are far less reliable than many drivers assume, and their accuracy depends entirely on flawless administration. NHTSA‘s own validation research reported the individual accuracy rates of the three standardized tests as follows.
| Standardized Test | NHTSA Reported Accuracy | What the Officer Scores |
|---|---|---|
| Horizontal Gaze Nystagmus (HGN) | About 77% | Involuntary eye jerking |
| Walk-and-Turn (WAT) | About 68% | Balance, steps, following instructions |
| One-Leg Stand (OLS) | About 65% | Swaying, hopping, foot down |
Even those figures assume the tests are conducted under proper conditions and scored exactly to protocol. NHTSA itself cautions that if the procedures are not followed precisely, the results are not accurate. Many factors unrelated to alcohol can cause a sober person to “fail”: uneven pavement on the shoulder of US-60 or Loop 101, poor lighting, traffic noise, cold weather, nervousness, fatigue, age, weight, inner-ear conditions, or prior injuries. Because officers interpret the “clues” themselves, the results are inherently subjective — and that subjectivity is exactly where a strong defense begins.
The Law Office of James E. Novak attacks field sobriety evidence at its foundation. As a former Maricopa County prosecutor, James Novak knows how the state uses an officer’s roadside observations to anchor a DUI case — and how to take that foundation apart. His engineering training gives him a technical edge in dissecting whether the standardized protocol was followed at every step.
Common defense angles in FST-related DUI cases can include:
If your case involves a breath or blood result as well, the same analytical scrutiny applies to the testing science behind the charge. Novak has secured dozens of dismissals on extreme DUI and felony charges across Maricopa County courts by challenging the evidence the state assumed was airtight.
If you were arrested for DUI in the East Valley after performing — or refusing — field sobriety tests, the steps you take next matter.
If you are facing a DUI charge anywhere in Maricopa County, James Novak can review how the field sobriety tests in your case were handled and explain your options. Call (480) 413-1499 for a free initial consultation.
No. Refusing roadside field sobriety tests does not trigger a license suspension. The suspension consequence applies to refusing the chemical test (breath, blood, or urine) requested after a lawful arrest under Arizona’s implied consent law, A.R.S. § 28-1321 — not to the voluntary roadside exercises.
The portable breath test (PBT) offered at the roadside is generally treated as voluntary, like the physical field sobriety tests. The evidentiary chemical test administered after arrest at the station is the one governed by implied consent. The rules differ, so the specifics of your stop matter.
Prosecutors may try to argue that declining field sobriety tests suggests impairment. An experienced DUI defense attorney can push back on that characterization and remind the court that declining a voluntary test is a lawful exercise of your rights.
This content is general information, not advice for your specific situation. Whether refusal helps depends on the facts of your stop. The most reliable step is to speak with a DUI defense attorney about what happened in your case.
If you were arrested for DUI in Tempe, Mesa, Chandler, Gilbert, Scottsdale, or Phoenix, James Novak can help. As a former prosecutor with an engineering degree, he brings a technical and strategic edge to challenging field sobriety tests and the evidence the state builds around them. Call (480) 413-1499 or contact the firm online for a free initial consultation. Available 24/7. Flat affordable fees, no hidden costs.