Can You Refuse a Field Sobriety Test in Oklahoma?

Law enforcement officers use field sobriety tests during traffic stops to determine whether a driver is under the influence of alcohol or drugs. However, many Oklahoma residents are unsure about their rights when it comes to these tests.

Do you have to take a field sobriety test? This article, courtesy of Yarborough Law Group's experienced Oklahoma City DUI lawyers, will explore the nature of field sobriety tests in the state, your rights regarding these tests, and the potential consequences of refusing them.

Can You Deny a Field Sobriety Test in Oklahoma?

In short, yes. Field sobriety tests aren’t mandatory in Oklahoma, and you have the right to refuse them. However, many drivers are unaware of this fact, and officers may not explicitly inform you of your right to refuse.

What Are Field Sobriety Tests?

Field sobriety tests (FSTs) are physical and cognitive exercises police officers use to assess a driver's level of impairment. The National Highway Traffic Safety Administration (NHTSA) has standardized three primary tests:

• Horizontal gaze nystagmus test: The driver follows an object with their eyes while the officer looks for involuntary jerking of the eyeballs.
• Walk-and-turn test: The driver walks heel-to-toe in a straight line, then turns and walks back.
• One-leg stand test: The subject stands on one leg while counting aloud for a specified period.

These tests are designed to evaluate a person's balance, coordination, and ability to follow instructions, all of which can be impaired by alcohol or drug consumption.

Why Might Someone Refuse a Field Sobriety Test?

There are several reasons why a driver might choose to decline a field sobriety test:

What Happens If You Refuse a Field Sobriety Test in Oklahoma?

As mentioned, you aren’t obligated by law to submit to a field sobriety test. However, declining to take one can have certain consequences. Here are some key points:

No Automatic Penalties

Unlike refusing a breathalyzer or blood test, there are no automatic legal consequences for refusing a field sobriety test.

Potential Arrest

The officer may still arrest you based on other observations, such as erratic driving, slurred speech, bloodshot eyes, or the smell of alcohol.

Less Evidence

By refusing to be tested, you limit the amount of potentially incriminating evidence the prosecution can use against you in court.

Chemical Tests

You may still be asked to submit to a breath or blood test, which fall under Oklahoma's implied consent laws.

Oklahoma's Implied Consent Law

While field sobriety tests are voluntary, Oklahoma has an implied consent law regarding chemical tests (breath, blood, or urine). By driving on Oklahoma roads, you implicitly agree to submit to these tests if an officer has probable cause to believe you're driving under the influence.

Refusing a chemical test can result in automatic license suspension for up to three years, the installation of an ignition interlock device, and the potential use of your refusal as evidence in court.

Comparing Field Sobriety Tests and Chemical Tests

Here’s a helpful table comparing the characteristics and implications of FSTs and chemical tests:

For more information on Oklahoma's implied consent law and driver intoxication tests, visit the Oklahoma Department of Public Safety website.

How to Refuse a Field Sobriety Test in Oklahoma

If you opt to refuse a field sobriety test, it's important to do so politely and assertively. Here's the best approach:

• Remain calm and respectful — don’t give officers a reason to accuse you of non-compliance.
• Clearly state: "I respectfully decline to participate in any field sobriety tests."
• If pressed, reiterate that you're exercising your right to refuse.
• Ask whether you're free to go or are being detained.
• If detained or arrested, exercise your right to remain silent and request an attorney.

This last step is crucial, as a skilled attorney can challenge the basis of your arrest and potentially get any charges against you dropped.

What If You've Already Taken (and Failed) a Field Sobriety Test?

If you've already been administered a field sobriety test and failed, don't panic. There are several potential defenses your DUI attorney can use, including:

• Improper administration: Officers must follow strict protocols when conducting FSTs. Any deviation could potentially invalidate the results.
• Environmental factors: Poor lighting, uneven surfaces, and inclement weather can affect test performance.
• Medical conditions: Certain physical or neurological conditions can mimic signs of intoxication.
• Nervousness: The stress of a traffic stop can impact performance, even for sober individuals.
• Lack of correlation: Passing a subsequent chemical test (like a breathalyzer) can cast doubt on the results of an FST.

Your attorney will review the circumstances of your test and subsequent detainment and determine the best defense for your situation.

Key Takeaways

• Field sobriety tests in Oklahoma are voluntary, and you have the right to refuse them.
• Refusing an FST doesn't carry automatic penalties, unlike refusing a chemical test.
• Even if you refuse a test, you may still be arrested based on other observations.
• If you've already taken and failed an FST, there are potential defenses available.
• Always consult an experienced DUI attorney to understand your rights and options.

Seek Reliable Legal Counsel from Yarborough Law Group

If you've been charged with a DUI in Oklahoma, it's vital to seek professional legal counsel, regardless of whether you took or refused a field sobriety test. A knowledgeable DUI attorney from Yarborough Law Group can help protect your rights, challenge the evidence against you, and work toward the best possible outcome for your case.

Keep in mind this article is for informational purposes only and doesn’t constitute formal legal advice. Every situation is unique, and the best course of action depends on the specific circumstances of your case. Contact us today to get the robust defense you need.