Yes, field sobriety tests are voluntary in Washington State, and you have the right to refuse them. But refusal is not consequence-free, and the distinction between field sobriety tests and chemical breath tests matters enormously. Here is what you need to know before you are ever in that situation.
You are standing on the side of the road, an officer is asking you to step out of the vehicle, and you have about three seconds to decide whether to take the test. Most people in that moment have no idea what their rights actually are or what the consequences of each choice look like in court. What you do in that moment, before you ever speak to an attorney, can shape your entire case.
David LaCross of LaCross Law is certified in standardized field sobriety testing, which is the same certification law enforcement holds. That means when he reviews your DUI case, he knows exactly where your test may have failed and how to challenge it.
What Is a Field Sobriety Test?
A field sobriety test is a series of physical and cognitive exercises a law enforcement officer asks you to perform at the roadside when they suspect you are driving under the influence.
There are three standardized tests recognized by the National Highway Traffic Safety Administration:
- Horizontal Gaze Nystagmus (HGN): The officer asks you to follow a moving object like a pen or flashlight with your eyes. They are looking for an involuntary jerking of the eye that becomes more pronounced when a person is impaired.
- Walk and Turn: You are asked to walk heel-to-toe in a straight line, turn, and walk back. The officer is assessing your ability to follow instructions and maintain balance.
- One-Leg Stand: You are asked to stand on one leg and count aloud. The officer is looking for swaying, hopping, or putting the other foot down.
Officers use the results of these tests to establish probable cause for a DUI arrest. These tests are subjective, administered on the side of the road under stressful conditions, and can be influenced by factors that have nothing to do with alcohol, including medical conditions, nervousness, fatigue, uneven road surfaces, and improper footwear.
Can You Refuse a Field Sobriety Test in Washington?
Yes. Field sobriety tests are voluntary under Washington law. There is no statute that requires you to perform them, and refusing does not automatically suspend your license.
However, there is an important nuance that most people are not aware of: the Washington Court of Appeals ruled that a refusal to perform voluntary field sobriety tests may be used as evidence of consciousness of guilt. In other words, a prosecutor may argue to a jury that you refused because you knew you would fail.
What this means practically is that refusing a field sobriety test is not a clean escape. The officer will still make observations about your driving behavior, your appearance, any smell of alcohol they detect, and your speech. Those observations can support probable cause for arrest without any test results at all.
The decision of whether to take or refuse a field sobriety test is a judgment call that depends on your specific circumstances. It is the kind of call that is much easier to make correctly when you have already thought it through, before you are standing on the side of a road at night.
Field Sobriety Tests vs. Chemical Tests
Field sobriety tests and chemical breath or blood tests are governed by entirely different rules in Washington.
- Field sobriety tests are voluntary: No statute requires them. Refusing does not trigger automatic license suspension.
- Chemical tests (breath and blood) are a different matter entirely: Washington is an implied consent state under RCW 46.20.308. By driving in Washington, you have already agreed to submit to a breath or blood test if law enforcement has probable cause to believe you are driving under the influence. Refusing a chemical test after arrest triggers an automatic license suspension and can be used as evidence against you in court.
What about preliminary breath tests? A PBT is a handheld roadside device an officer may ask you to blow into before making an arrest. The results are approved only for establishing probable cause, not for use as evidence at trial under WAC 448-15-010. You are not required to submit to it, and there are no penalties for refusing. Do not confuse it with the formal breath test administered after arrest at the police station. That one is a different matter entirely.
Charged With a DUI in Kitsap County? Call LaCross Law First
Most people do not think about field sobriety tests until they are standing on the side of the road being asked to take one. By then, the decision has to be made in seconds, under pressure, without all the information.
If you have already been through that moment and are now facing a DUI charge in Kitsap County, the test results are not the final word. How they were administered, the conditions on the ground, and whether proper procedures were followed can be challenged.
Call LaCross Law to schedule a consultation. David will review the evidence, identify where it breaks down, and build a defense around it.
Frequently Asked Questions About Field Sobriety Tests in Washington
1. Are field sobriety tests mandatory in Washington State?
No. Field sobriety tests are voluntary under Washington law. You are not legally required to perform them, and your license cannot be suspended solely for refusing. However, refusal may be noted by the officer and could be used in court.
2. Can refusing a field sobriety test be used against me in court?
Possibly. The Washington Court of Appeals ruled in State v. Mecham that a refusal may be used as evidence of consciousness of guilt. This is a nuanced and contested area of Washington DUI law. Talk to David LaCross about what this means for your specific situation.
3. What is the difference between a field sobriety test and a breathalyzer?
A field sobriety test is a voluntary roadside exercise. A breathalyzer administered after arrest is a chemical test subject to Washington’s implied consent law under RCW 46.20.308. Refusing a chemical test triggers an automatic license suspension and can be used as evidence against you, leading to consequences that do not apply when you refuse a field sobriety test.
4. What is a portable breath test, and do I have to take it?
A portable breath test is a handheld device an officer may ask you to use at the roadside before making an arrest. You are not required to submit to it. More importantly, PBT results are not admissible as evidence at trial in Washington. What is admissible is the formal breath test conducted at the station after your arrest.
5. Can field sobriety test results be challenged in court?
Yes. Tests must be administered by a trained officer following strict NHTSA protocols. Improper administration, inadequate lighting, uneven surfaces, or failure to account for medical conditions can all form the basis of a challenge. David LaCross is certified in standardized field sobriety testing and has spent decades challenging these results in Kitsap County courts. Contact LaCross Law to discuss your case.
6. What should I do if I have already taken a field sobriety test and been charged with DUI?
Call an attorney immediately. The test results are not automatically conclusive. They can be challenged based on how they were administered and the conditions under which they were given. The sooner David reviews your case, the more options you have.
