Can You Refuse a Field Sobriety Test in Georgia? Absolutely—And You Should Know Why.

Apr 11 2025 15:00

Understanding Your Rights at a DUI Stop in Atlanta

 

Field sobriety tests—like the Walk-and-Turn, One-Leg Stand, and Horizontal Gaze Nystagmus—are tools police use to help determine if you’re under the influence. But what they don’t tell you is this: these tests are completely voluntary in Georgia.

And here's the key: if you refuse, that refusal cannot be used against you in court.

 

You Have the Right to Say No—and the Law Is on Your Side

In Georgia, you are not legally required to submit to field sobriety testing. These tests are notoriously unreliable, often affected by medical conditions, nervousness, fatigue, or even uneven road surfaces.

Refusing to perform these tests will NOT result in an automatic license suspension, and prosecutors are not allowed to use your refusal as evidence of guilt at trial. That’s the law.

 

What You Should Do at a DUI Stop

If an officer asks you to step out of the vehicle and perform field sobriety tests:

  • Remain calm and respectful

  • Politely decline the tests

  • Clearly state, “I do not consent to field sobriety testing.”

  • Do not try to explain yourself

  • Ask to speak with an attorney

Remember: You don’t have to prove your sobriety roadside. That’s the officer’s job—not yours.

 

What About the Breath Test?

Don’t confuse field sobriety tests with the Implied Consent breath test administered after arrest. That test—done on the official machine at the station or jail—can lead to license suspension if you refuse.

But the handheld breathalyzer at the scene? Also voluntary—and often inadmissible in court.

Get an Attorney Who Knows How to Win DUI Cases

If you’ve been arrested after refusing field sobriety tests, you have options—and a strong defense. At Bulldog Law Firm, we know how to challenge every part of the stop, from the reason you were pulled over to the legality of the arrest itself.

 

We’ve beat DUI cases that looked unwinnable—and we fight hard to protect your future.