What Happens if You Refuse a Field Sobriety Test in Indiana?
If police suspect you of operating while intoxicated (OWI) in Indiana, they will pull you over and try to determine if you are impaired. They will ask you a series of questions and may even ask you to submit to several tests. Some of these are known as field sobriety tests and require you to perform a number of physical tasks. The police ask you to submit to these tests so they can evaluate your coordination, balance, and possible impairments.
You can refuse field sobriety tests without facing any legal repercussions. It is recommended that you do not submit to these tests. Below, our Indianapolis OWI lawyer explains more about these tests and your rights.
Types of Field Sobriety Tests
Law enforcement officers may use many field sobriety tests to determine if you are impaired by alcohol or drugs. According to the National Highway Traffic Safety Administration (NHTSA), the three most common are as follows:
- The horizontal gaze nystagmus (HGN) test: The HGN is the most scientifically reliable field sobriety test, but you can still refuse to perform it. During this test, the officer will ask you to follow an object, such as a small flashlight, while they move it slowly back and forth. The officer will look for any involuntary jerking of the eye.
- Walk-and-turn test: The walk-and-turn test requires you to listen to and follow instructions. The officer will instruct you to take a certain number of steps, heel to toe, in a straight line. They will then ask you to turn and return in the same manner. The officer will look to determine if you can keep your balance and follow instructions.
- One leg stand test: In this test, the officer will ask you to stand on one foot with the other a certain distance off of the ground. They will also ask you to count out loud while performing this task. The officer will watch for signs of imbalance.
Refusing Field Sobriety Tests is Generally Recommended
You are not required to participate in the police investigation against you, and it is typically recommended that you refuse to take these tests. The officer may act as though you are required to take these tests, but you are not. You will not face any legal consequences for refusing them.
On the other hand, if a police officer asks you to submit to a certified chemical test, such as breath, blood, or urine, you are required to submit to these tests. Under Indiana’s implied consent laws, refusing a chemical test will result in an automatic suspension of your driver’s license.
Our OWI Lawyers in Indianapolis Can Prepare the Defense You Need
If you have been charged with OWI in Indiana, it is critical to obtain legal advice. At Rigney Law, LLC, our Indianapolis OWI lawyer can advise on all aspects of your case and prepare the strong defense you need to help you achieve the most favorable outcome. Call us now at 317-623-0989 or contact us online to request a free consultation and to get the legal help you need.
Source:
iga.in.gov/laws/2025/ic/titles/9#9-30-5-1