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Do I need to take field sobriety tests at a DUI stop?

On Behalf of | May 28, 2025 | DUI

When you are pulled over for DUI in North Dakota, you will likely be asked to take field sobriety tests. These are a series of tests used to measure your balance, coordination and memory and check for signs of intoxication.

Common field sobriety tests include being asked to stand on one leg for a certain length of time, being asked to walk nine heel-to-toe steps in a row forward and back and being asked to follow a small beam of light with your eyes. You might also be asked to recite the alphabet backwards or answer simple questions to test your memory.

The problem with field sobriety tests is that they are often unreliable. Drivers can fail field sobriety tests for reasons other than being intoxicated, such as legally prescribed medications or simple nerves.

You can say no to field sobriety tests

Additionally, you may not know that you have a right to refuse field sobriety tests. Chemical tests, such as blood, breath or urine tests, are covered under North Dakota’s implied consent law. This means you automatically consent to taking these tests when you drive on North Dakota’s roads.

However, field sobriety tests are not covered under the implied consent law, which means you can say no without immediate legal penalties. If you say no, stay calm and polite. You do not need to explain your reasons for refusing. You can simply say no.

The police officers may ask you more than once, hoping you will change your answer. Continue to politely decline. Be aware that saying no to field sobriety tests might cause the officers to become more suspicious and they may ask you to take a chemical test.

Refusing chemical tests

Unlike field sobriety tests, there are immediate legal consequences for refusing a chemical test. Refusing a chemical test results in a driver’s license revocation for 180 days for a first offense. Additional refusals typically result in harsher penalties.

Knowing your rights at a DUI stop is important. You should consider the legal implications of your actions before saying or doing anything at a stop.