National Guide
Field Sobriety Tests and Your Rights at a DUI Stop
What the roadside tests are, how they differ from breath and blood tests, and why the rules depend on your state.
Quick Answer
Field sobriety tests are the roadside exercises an officer asks you to do before an arrest, and they are different from the breath, blood, or urine test that comes after one. Whether you can decline the roadside exercises, and what happens if you refuse a chemical test, is set by state law. Refusing a chemical test usually carries its own license penalties, so look up your state before you decide anything, and talk to a licensed attorney.
Educational information, not legal advice. This is a general national overview. DUI and DWI laws are set by each state and change often, so details differ where you are. Use the state guides linked below and speak with a licensed attorney in the state where you were stopped or charged.
What field sobriety tests are
NHTSA and the International Association of Chiefs of Police approve a standardized battery of three field sobriety tests: the horizontal gaze nystagmus (HGN) eye test, the walk-and-turn, and the one-leg stand. Officers are trained to use them as clues when deciding whether to arrest a driver for impaired driving. Many officers also use non-standardized exercises, such as reciting the alphabet or counting backward.
The tests are observations by the officer, scored against a checklist of clues. They are not a measurement of how much alcohol or drugs are in your system.
Sources: NHTSA: DWI detection and standardized field sobriety test (SFST) resources · NHTSA: Drunk driving
Roadside tests versus chemical tests
These are two separate things. Field sobriety tests are physical and visual exercises at the roadside. Chemical tests measure alcohol or drugs in your breath, blood, or urine. Many officers also carry a handheld preliminary breath test device at the roadside, and states treat that device differently from the evidentiary breath test given at a station or testing site.
Implied consent laws, which every state has in some form, concern chemical testing after a lawful arrest. They commonly attach license consequences, and sometimes criminal penalties, to refusing. How a state treats the roadside exercises and the roadside breath device is a matter of state statute and case law, and it differs.
Where laws vary: whether you can lawfully decline the roadside exercises, what a handheld roadside breath test is called and how it is used, and the penalty for refusing a chemical test are all state-specific. The table below shows each state's implied consent summary from its state guide.
Sources: Birchfield v. North Dakota (U.S. Supreme Court, 2016) · NHTSA: Drunk driving
What the U.S. Supreme Court has said about testing
These cases set a constitutional floor. States can give drivers more protection than the Constitution requires, and many have their own rules on warrants, consent forms, and the penalties for refusal.
- Missouri v. McNeely (2013): the natural fading of alcohol in the blood does not by itself justify a warrantless blood draw in every drunk-driving case; courts look at the circumstances.
- Birchfield v. North Dakota (2016): a warrantless breath test can be required as a search incident to a lawful DUI arrest, but a warrantless blood test generally cannot, and a state may not make it a crime to refuse a blood test without a warrant.
- Mitchell v. Wisconsin (2019): when a driver is unconscious and cannot be given a breath test, a warrantless blood draw is generally allowed under the exigent-circumstances rule, with a narrow exception for unusual cases.
Sources: Missouri v. McNeely (U.S. Supreme Court, 2013) · Birchfield v. North Dakota (U.S. Supreme Court, 2016) · Mitchell v. Wisconsin (U.S. Supreme Court, 2019)
Things that can affect how you perform
Poor balance or coordination on a roadside exercise is not proof of impairment. Many things other than alcohol or drugs can affect how someone performs, such as medical conditions, injuries, age, weight, footwear, the road surface, weather, and nervousness. NHTSA's SFST training materials, linked here, set out how officers are taught to give and score the tests; read them for the details. If any of these factors apply to you, they can matter later, so write down what you remember about the conditions as soon as you can.
Sources: NHTSA: DWI detection and standardized field sobriety test (SFST) resources
If you are stopped: general steps
- Stay calm, keep your hands visible, and be polite. Provide the license, registration, and insurance the law requires you to carry.
- You do not have to answer questions about where you have been or what you have had to drink. Many people politely decline to answer and say so clearly. Do not lie.
- Ask whether you are free to go. Do not physically resist or argue with the officer at the roadside; contesting the stop happens later, in court.
- Before the stop ends, know your state's rule on refusing the roadside exercises and on refusing a chemical test. If you are arrested, the license clock often starts immediately; see your state guide for the hearing deadline.
- Contact a licensed attorney in the state as soon as you can. Do not discuss the case with anyone else.
General guidance, not drawn from a single source. Check your state guide for the law that applies to you.
Implied consent and refusal, by state
Each row summarizes that state's implied consent law and the consequences of refusing a chemical test, as set out in its guide.
| State | Implied consent | If you refuse |
|---|---|---|
| Alabama | Driving in Alabama means consenting to a chemical test of breath, blood, or urine if arrested for DUI. | Refusing a breath test leads to an administrative license suspension, separate from any DUI conviction. Refusal also triggers an ignition interlock requirement. |
| Alaska | Driving in Alaska means you consent to a breath test after a lawful DUI arrest. Refusing is its own crime under AS 28.35.032, not just a license matter. | The DMV revokes your license for 90 days on a first refusal, 1 year with one prior, 3 years with two priors, and 5 years with three or more. A refusal conviction carries the same mandatory jail, fines, and court revocation as a DUI, and it counts as a prior. |
| Arizona | Anyone who drives in Arizona is deemed to consent to tests of blood, breath or other substances if arrested for DUI. The officer serves an Admin Per Se / Implied Consent affidavit that also acts as the suspension order. | Refusing a test leads to a 12-month suspension, or 2 years for a second refusal within 84 months. Failing a test (0.08 or more) leads to a 90-day Admin Per Se suspension instead. |
| Arkansas | Driving in Arkansas means you have agreed to a chemical test of your breath, blood, or urine when an officer has reasonable cause to believe you were driving while intoxicated. | A first refusal brings a 180-day suspension. A second refusal within 5 years brings a 24-month suspension, and a third a 3-year revocation. Refusal is handled separately from any DWI conviction. |
| California | Drivers lawfully arrested for DUI in California are deemed to consent to a breath or blood test. The officer takes your license and serves an order of suspension that also works as a 30-day temporary license. | Refusing a test means a 1-year suspension for a first offense, a 2-year revocation for a second and a 3-year revocation for a third or later within 10 years. A refusal can also be used against you in court. |
| Colorado | Colorado’s expressed consent law means driving here is consent to a breath or blood test if an officer has probable cause to suspect DUI or DWAI. You generally choose breath or blood. | A first refusal brings a 1-year revocation (2 years for a second, 3 years for a third or later) and labels you a Persistent Drunk Driver. That requires interlock for at least 2 years, Level II alcohol education and treatment, and an SR-22 filing. |
| Connecticut | Driving in Connecticut is consent to a blood, breath, or urine test after a DUI arrest. A refusal or a result over the limit leads to a DMV administrative per se suspension. | A refusal brings a 45-day suspension followed by ignition interlock: 1 year for a first refusal, 2 years for a second, and 3 years for a third or later, regardless of age. |
| Delaware | Delaware’s implied consent law means driving here is consent to a chemical test of breath, blood, or urine when an officer has probable cause to suspect DUI. | A refusal brings an administrative revocation of 12 months for a first refusal, 18 months for a second, and 2 years for a third. If you are later convicted of a first DUI after refusing, the court revocation is 24 months. |
| Florida | Driving in Florida means you have agreed to breath, blood or urine testing if lawfully arrested for DUI. The officer suspends your license on the spot for a test failure or refusal and issues a Notice of Suspension. | A first refusal means a 1-year administrative suspension; a refusal after a prior refusal means 18 months. Since October 1, 2025 (Trenton’s Law), refusing a lawful breath or urine test is also a crime: a second-degree misdemeanor the first time, a first-degree misdemeanor after that. Failing a test (0.08 or more) means a 6-month suspension for a first offense. |
| Georgia | By driving in Georgia you are considered to have consented to a chemical test if arrested for DUI. The officer reads the implied consent notice before asking for a test. | Refusing brings an administrative suspension of 1 year with no limited driving permit, and the refusal can be used against you in the criminal case. The officer serves a DDS 1205 the same way as for a test failure. |
| Hawaii | Driving in Hawaii means you are considered to have consented to a breath, blood, or urine test if arrested for OVUII. The officer must tell you the sanctions for refusing before you decide. | Refusing after being told the sanctions doubles the administrative revocation: 2 years with no prior alcohol or drug enforcement contact in the last 10 years, 4 years with one, and 8 years with two. |
| Idaho | Driving in Idaho means you have consented to evidentiary testing for alcohol and drugs when an officer has reasonable grounds to believe you are driving under the influence. | A refusal brings a $250 civil penalty, a 1-year suspension with no driving privileges, and an ignition interlock for 1 year after the suspension ends. A second refusal within 10 years means a 2-year suspension. You can ask the court for a hearing within 7 calendar days to show cause why you refused. |
| Illinois | By driving in Illinois you are considered to have consented to chemical testing of your blood, breath, or urine if arrested for DUI. The officer gives you a Warning to Motorist before the test. | A refusal brings a 12-month Statutory Summary Suspension for a first offender and 3 years for anyone who is not a first offender. That is twice as long as the suspension for failing the test. |
| Indiana | Driving in Indiana means you have agreed to a chemical test when an officer has probable cause to believe you drove while intoxicated. Refusing is reported to the court and leads to a BMV suspension. | A refusal brings a 1-year suspension, or 2 years if you have a prior OWI conviction. You can petition the court for review, limited to whether the officer had probable cause and whether you refused. |
| Iowa | Driving in Iowa means you have agreed to a breath, blood, or urine test when an officer has grounds to believe you are operating while intoxicated. Refusing does not stop the Iowa DOT from revoking your license. | A refusal brings a 1-year revocation with no prior revocation, or 2 years with a prior. Drivers under 21 who refuse lose their license for 1 year on a first violation and 2 years on a second. |
| Kansas | Driving in Kansas means you have agreed to a breath, blood, or urine test when an officer has reasonable grounds to believe you are DUI. Refusing triggers a separate, longer license action. | A first refusal brings a 1-year suspension, then 2 years of interlock-only driving. A second refusal brings 1 year of suspension and 3 years of interlock; a third, 1 year and 4 years. |
| Kentucky | Kentucky drivers are deemed to consent to breath, blood, or urine testing after a DUI arrest. Before testing, the officer must explain what refusing means. | Refusing a breath test can be used against you in court, and the judge suspends your license at arraignment. A breath-test refusal is an aggravating circumstance except on a first offense, and on a second or third conviction within 10 years the mandatory minimum jail term is twice as long. Refusing a blood test also leads to the arraignment suspension, but since July 15, 2026 it can’t be used as evidence or as an aggravating circumstance. Refusing a roadside preliminary breath test can’t be used against you or lead to a suspension. If the officer skips the required warning, your refusal can’t be used against you. |
| Louisiana | Driving in Louisiana means you have agreed to an approved chemical test for intoxication if you are arrested for DWI. If you refuse or fail the test, the officer seizes your license and gives you a temporary receipt. | A first refusal suspends your driving privileges for one year. A second refusal within 10 years means a two-year suspension. The suspension is separate from any sentence in the criminal case. |
| Maine | Driving in Maine means you agree to a chemical test if an officer has probable cause to believe you are under the influence. The officer must warn you of the consequences of refusing. | A first refusal brings a 275-day suspension; a second 18 months; a third 4 years; a fourth 6 years. If you are convicted of OUI, the refusal raises the minimum fine and jail. |
| Maryland | If you’re detained on suspicion of DUI or DWI, the officer reads the DR-15 Advice of Rights and asks you to take a breath or blood test. Driving in Maryland is consent to that test. | A refusal brings a 270-day MVA suspension for a first offense and 2 years for a second or later one. You can’t get a restricted license unless you join the Ignition Interlock Program for 1 year. |
| Massachusetts | Driving in Massachusetts means you have agreed to a breath or blood test after an OUI arrest. The officer must tell you the consequences of refusing. If you refuse, no test is given, the officer takes your license on the spot, and the RMV suspension starts immediately with no temporary license. | For a driver 21 or older, a refusal suspension is 180 days with no prior OUI, 3 years with one prior, 5 years with two, and life with three or more. Drivers under 21 face 3 years for a first refusal. Refusal suspensions run before, not alongside, any later OUI conviction suspension. |
| Michigan | Driving in Michigan means you have consented to a chemical test after an OWI arrest. The roadside preliminary breath test is a separate step. | Refusing the chemical test after arrest brings a 1-year license suspension (2 years for a second refusal within 7 years) and 6 points. The suspension is imposed unless you request a hearing within 14 days. |
| Minnesota | Driving in Minnesota means consenting to a chemical test when an officer has probable cause of DWI. A breath test can be required without a warrant; blood or urine tests generally need a warrant. | Refusing a lawful test leads to license revocation by the commissioner, even if a test was later obtained. Test refusal is also a crime and an aggravating factor that raises the charge degree. |
| Mississippi | Driving in Mississippi means you have consented to a chemical test of your breath, blood, or urine if an officer has reasonable grounds to believe you are driving under the influence. | If you refuse, the Commissioner of Public Safety suspends your license for 90 days if you have no prior DUI conviction, or 1 year if you do. The refusal suspension is separate from any DUI sentence. |
| Missouri | Driving in Missouri means you’ve consented to a chemical test of breath, blood, saliva or urine if arrested on suspicion of DWI. | Refusing brings a 1-year revocation. There’s no DOR hearing for a refusal; you have 30 days from the Notice of Revocation to file a petition for review in the circuit or associate circuit court in the county of arrest. |
| Montana | Driving in Montana means you consent to a breath or blood test when an officer has grounds to believe you are driving under the influence. If you refuse, the officer seizes your license, sends it to the state with a sworn report, and gives you a temporary driving permit that is valid for 5 days. | A first refusal is a 6-month suspension with no probationary license. A second refusal within 5 years is a 1-year suspension with no probationary license. Commercial drivers lose the CDL for 1 year, and for life on a second refusal. |
| Nebraska | Driving in Nebraska means you consent to a chemical test of your blood, breath, or urine when an officer has reasonable grounds to believe you were driving under the influence. | Refusal is a separate crime with the same penalties as DUI. The DMV revokes your license for 1 year through ALR, effective on the 15th day after arrest. |
| Nevada | Driving in Nevada means you have agreed to a breath or blood test when an officer has reasonable grounds to suspect DUI. Officers can seek a warrant for a blood test if you refuse. | A refusal brings a DMV license revocation of 1 year, or 3 years if your license was revoked for a refusal within the preceding 7 years. It is separate from the criminal case. |
| New Hampshire | Driving in New Hampshire means you are considered to have consented to a chemical test if arrested for DWI. Refusing triggers an administrative suspension by the Department of Safety. | A first refusal with no prior DWI conviction means a 180-day suspension. With a prior DWI or aggravated DWI conviction, or a prior refusal, it is 2 years. |
| New Jersey | Anyone driving in New Jersey is deemed to consent to breath testing after a DWI arrest. The officer reads a standard statement from the Attorney General before asking for samples. | Refusal is its own offense, tried in municipal court alongside the DWI. A first refusal brings a $300 to $500 fine and loss of driving privileges until an interlock is installed. A second brings 1 to 2 years and $500 to $1,000; a third, 8 years and $1,000. Each also triggers a $1,000-a-year MVC surcharge for 3 years. |
| New Mexico | Under New Mexico’s Implied Consent Act, drivers are deemed to consent to chemical tests if arrested for DWI. The officer serves a Notice of Revocation, which starts the 10-day hearing clock. | Refusing a test means a one-year revocation, even on a first offense, and can make the criminal charge aggravated DWI. Failing a test (0.08 or more, age 21+) is a six-month revocation for a first offense. |
| New York | By driving in New York you are considered to have consented to a chemical test if arrested for DWI. The officer must warn you clearly that refusing will lead to license revocation. | Your license is temporarily suspended at arraignment. If the DMV finds you refused, it is revoked for at least 1 year with a $500 civil penalty. Within 5 years of a prior DWI-related charge or refusal, it is at least 18 months and $750. This applies no matter how the criminal case ends. |
| North Carolina | By driving in North Carolina you have consented to a chemical analysis if charged with an implied-consent offense. The officer must tell you your rights, including that refusal means license revocation. | A willful refusal triggers the immediate 30-day civil revocation plus a separate 12-month DMV revocation. The 12-month revocation takes effect on the 30th calendar day after DMV mails the order unless you request a DMV hearing in writing before then. A limited driving privilege may be possible after 6 months in some cases. |
| North Dakota | Driving in North Dakota means you consent to a chemical test for alcohol or drugs. Refusing a screening test or chemical test can lead to revocation, and refusal itself may be charged as a crime. | Revocation of 180 days with no prior in 7 years, 2 years with priors from two separate arrests, and 3 years in the most serious repeat cases. NDDOT says refusal can mean 180 days to 3 years. |
| Ohio | By operating a vehicle in Ohio you are considered to have consented to a chemical test if arrested for OVI. The officer reads you the BMV 2255 advice form before asking for a test. | A first refusal brings a 1-year Administrative License Suspension, starting immediately. It is 2 years with one prior refusal or OVI in 10 years, 3 years with two, and 5 years with three or more. No limited driving privileges are allowed for the first 90 days. |
| Oklahoma | Driving in Oklahoma means you are deemed to have consented to a breath or blood test if arrested for DUI. The officer files an impaired driving affidavit, and Service Oklahoma issues an order of revocation. | Refusing a test leads to revocation of your license by Service Oklahoma. A first revocation runs at least 180 days and until you finish IDAP. A driver under 21 who refuses can also be charged with a misdemeanor (up to 10 days in jail and/or a $1,000 fine). |
| Oregon | Driving in Oregon is consent to a breath test, and in some cases a blood or urine test, after a DUII arrest. Failing or refusing the test triggers a DMV suspension separate from the criminal case. | A breath, blood, or urine test refusal brings a 1-year suspension, or 3 years if you had a DUII conviction, diversion, or implied consent suspension in the past 5 years. A refusal can also be used as evidence in the criminal case. |
| Pennsylvania | By driving in Pennsylvania you are considered to have consented to a breath or blood test if an officer has reasonable grounds to believe you were driving under the influence. The officer reads a warning about the consequences of refusing. | PennDOT suspends your license for 12 months for a first refusal, or 18 months if you have a prior refusal or DUI. That is on top of any suspension for a DUI conviction. A refusal is also sentenced at the Highest Rate tier, and a restoration fee of up to $2,000 can apply. |
| Rhode Island | Driving in Rhode Island means you are deemed to consent to a chemical test of your breath, blood, saliva, or urine if an officer has reasonable grounds to believe you drove under the influence. | A first refusal is a civil violation heard at the Traffic Tribunal. It brings a 6-month to 1-year suspension, a $200 to $500 fine, a $500 highway safety assessment, a $200 chemical testing assessment, 10 to 60 hours of community service, and possible interlock or testing. Repeat refusals carry higher fines and suspensions of up to 5 years. |
| South Carolina | Driving in South Carolina means consenting to a breath, blood, or urine test if arrested for DUI. The officer must give you written notice of your rights, including the right to a hearing and a temporary alcohol license. | Refusing brings an immediate suspension of 6 months for a first refusal with no prior DUI-related conviction or suspension in 10 years (9, 12, or 15 months for a second, third, or fourth offense). You can end it early by enrolling in the Ignition Interlock Device Program. The refusal can be used against you in court. |
| South Dakota | South Dakota’s implied consent law means having a license is consent to a lawfully requested test of your blood, breath, urine, or other bodily substance if you are suspected of impaired driving. | Refusing can cost you your license for 1 year. The Secretary of Public Safety revokes it if the officer followed the law and you refused. To contest it, you must request a hearing within 120 days of the arrest. |
| Tennessee | Driving in Tennessee means you have agreed to a breath or blood test if an officer has probable cause to believe you drove under the influence. A refusal is charged on its own warrant or citation, separate from the DUI charge. | A refusal is a civil violation decided by the court, not a crime for most first-time refusers. The court revokes your license. For violations on or after January 1, 2026, a first violation with no DUI, vehicular assault, or vehicular homicide conviction in the past 10 years carries a revocation of 1 year and 6 months (it was 1 year). A restricted license after a refusal requires an ignition interlock. |
| Texas | By driving in Texas you are considered to have consented to a breath or blood test if arrested for DWI. The officer reads a statutory warning (DIC-24) before asking for a specimen. | Refusing a breath or blood test triggers an administrative suspension of 180 days for a first refusal, longer than the 90 days for failing the test. The refusal can also be used as evidence in the criminal case. |
| Utah | Driving in Utah is consent to a chemical test of breath, blood, urine, or oral fluids if an officer has grounds to believe you are DUI. Refusing triggers a revocation separate from the DUI case. | A first refusal revokes your license for 18 months; a second or later refusal, 36 months. Drivers under 21 who refuse lose their license until age 21 or for 2 years, whichever is longer. |
| Vermont | Anyone who drives in Vermont is deemed to consent to an evidentiary breath or blood test when an officer has reasonable grounds to suspect DUI. | A first refusal brings a 6-month civil suspension. A second suspension is 18 months and a third is for life. A 2025 law also created a new crime for refusing a search warrant in certain DUI cases. |
| Virginia | Driving on Virginia’s highways means you have consented to a breath or blood test after a DUI arrest. A roadside preliminary breath test is separate from the test at the station. | Unreasonable refusal of the breath or blood test means the court suspends your license for 1 year. A second refusal within 10 years is a Class 1 misdemeanor and brings a 3-year suspension. Refusal suspensions are added on top of the administrative suspension. |
| Washington | Driving in Washington means you’ve consented to a breath test if an officer has reasonable grounds to believe you were driving under the influence. The officer must warn you about the consequences of refusing before asking. | Refusing brings a DOL revocation of at least 1 year, longer if you have prior incidents. The refusal can be used as evidence at trial, and it puts you in the higher sentencing tier if you’re convicted. |
| West Virginia | Driving in West Virginia means you consent to a preliminary breath test and a secondary chemical test when an officer has reasonable grounds to believe you were driving under the influence. | A first refusal of the secondary chemical test brings a 1-year revocation, or 45 days plus 1 year in the Test and Lock program. |
| Wisconsin | By driving on Wisconsin roads you are deemed to have consented to a breath, blood, or urine test when arrested for OWI. The officer reads the Informing the Accused form before asking for a sample. | An improper refusal leads to a 1-year revocation for a first refusal, starting 30 days after the notice date. You can apply for an occupational license after 30 days. A later refusal brings a 3-year revocation. Refusal also triggers an ignition interlock order. |
| Wyoming | Driving in Wyoming means you consent to chemical tests of your breath, blood, or urine after an arrest when an officer has probable cause to suspect DUI. | For a regular license, current law gives no separate license suspension for refusing a test (those refusal penalties were repealed in 2011). If you refuse, no test is given unless someone was seriously hurt or killed or the officer gets a search warrant, and a warrant can authorize a test. Commercial drivers who refuse are disqualified from commercial driving for at least 1 year. |
From each state’s guide, which links the official sources. Educational information, not legal advice.
Sources: Each state's guide links its statutes and agency pages
Frequently Asked Questions
That depends on the state. Implied consent laws generally address chemical tests after an arrest rather than the roadside exercises, but the rules and the consequences of declining differ by state. Check your state guide and ask an attorney.
The horizontal gaze nystagmus eye test, the walk-and-turn, and the one-leg stand, which NHTSA and the International Association of Chiefs of Police approve for standardized use.
Not necessarily. Many states treat the handheld roadside device as a screening tool and the later evidentiary test as the official one, with different legal consequences. Your state's statutes control.
The Supreme Court has held that a warrantless blood draw is not automatically allowed after a DUI arrest (Birchfield, McNeely), though exceptions exist, such as for unconscious drivers (Mitchell). Many states rely on warrants. Details vary by state.
Some states allow a refusal to be used as evidence in court and also impose an administrative license suspension for refusing. See the table above and your state guide.