When you’re pulled over for suspected drunk driving, the flashing lights, firm commands, and intimidating tone can make anyone feel cornered. Police officers often ask drivers to perform a series of field sobriety tests — such as walking a straight line, standing on one leg, or following a pen with their eyes. What most people don’t realize, however, is that you are not legally required to take these tests.
In Michigan, field sobriety tests are completely optional. There is no law that forces you to perform them, and refusing to do so is not a crime. Yet, officers often present these tests as if they’re mandatory, creating the false impression that refusal will automatically lead to penalties. That’s simply not true.
Why You Should Think Twice Before Agreeing
These tests are highly subjective. Your performance can be affected by nerves, fatigue, weather conditions, or even your physical coordination — not just alcohol. Officers are trained to interpret your actions in a way that supports their suspicion of impairment. Once you step out of the car and begin performing, you’re essentially giving the police more evidence to use against you.
If you know you’ve had alcohol to drink, it’s often wiser to politely refuse the field sobriety tests. You can simply say:
Stay calm, be respectful, and do not argue.
What You Do Have to Comply With
While field sobriety tests are optional, chemical tests — such as a breath, blood, or urine test — are a different matter. Michigan’s Implied Consent Law requires drivers under arrest for OWI (Operating While Intoxicated) to take a chemical test, and refusing that can lead to license suspension. But again, that rule applies after you’ve been placed under arrest — not before.
Protecting Your Rights
Knowing your rights before you’re stopped can make a huge difference. Field sobriety tests are designed to help officers build a case, not to help you prove your innocence. You have every legal right to refuse them.
If you’ve been charged with drunk driving or were pressured into taking these tests, call Hajji Law. We’ll fight to protect your rights, challenge unreliable evidence, and work toward the best possible outcome.