The DUI Stop & Field Sobriety

What happens if I refuse the roadside sobriety tests?

Attorney-Reviewed Answer
Reviewed by Christopher Walsh, Criminal Trial Attorney (Fla. Bar #127459). Last reviewed: September 2026
Short Answer
No license suspension and no criminal charge — those attach to the breath test. But the State can tell the jury you refused.

Declining the roadside exercises doesn't suspend your license and isn't the conduct Florida's refusal statute addresses. Those consequences follow a refusal of the breath or urine test, which happens later and under a different rule.

What declining does is subtract evidence. There's no video of you stepping off the line, no officer testimony counting clues. That's frequently the strongest visual evidence a prosecutor has, and without it the case narrows to what one officer says he observed.

The trade-off is that the State can argue the refusal shows consciousness of guilt, and juries do hear that argument. They also hear the answer — that a person with a bad back, standing on a sloped shoulder at midnight with headlights in his eyes, had ordinary reasons to decline.

Officers often keep asking after a refusal. A refusal doesn't have to be repeated or justified.

If you declined, don't assume that hurt you. ---

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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.