The DUI Stop & Field Sobriety

Do I have to do field sobriety exercises in Florida?

Attorney-Reviewed Answer
Reviewed by Christopher Walsh, Criminal Trial Attorney (Fla. Bar #127459). Last reviewed: September 2026
Short Answer
No. But the breath test is a separate decision with much heavier consequences, and as of October 2025 refusing that one is a crime.

Two different decisions, two different sets of rules, and they get confused constantly.

The roadside exercises — the walk-and-turn, the one-leg stand, the eye test — aren't covered by Florida's implied consent law. You're not required to perform them, and declining doesn't carry an automatic suspension.

The breath test at the station is a different matter. That one falls under implied consent, and since Trenton's Law took effect on October 1, 2025, a first refusal is a second-degree misdemeanor on top of a one-year license suspension. A second or subsequent refusal is a first-degree misdemeanor with an eighteen-month suspension.

So the honest framing isn't "you can refuse everything." It's that the roadside exercises and the breath test carry very different price tags, and most people are never told they're separate decisions at all.

If you're reading this before it happens, the two decisions are worth understanding separately. ---

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This page answers a common question for general informational purposes and is not legal advice, and no attorney-client relationship is formed by reading it. Florida law changes; while this answer is reviewed by a licensed Florida attorney, the right answer depends on the specific facts of your situation — consult an attorney. Serving Martin, St. Lucie, Palm Beach, Indian River, and Okeechobee Counties.