Yes. In Florida, roadside field sobriety exercises such as the walk and turn or one leg stand are voluntary, and there is no license suspension for declining them. That is different from a breath, blood or urine test after arrest, where refusal now carries a license suspension and, since October 1, 2025, can be charged as a crime. Declining field exercises may still lead to an arrest, and prosecutors may sometimes mention the refusal.
Key takeaways
- Field sobriety exercises are voluntary in Florida.
- Declining them does not trigger a license suspension.
- Breath, blood and urine test refusals are treated very differently.
- First test refusals became a crime on October 1, 2025.
- Field exercises are subjective and frequently challenged.
What are field sobriety exercises?
The standardized exercises are horizontal gaze nystagmus, where the officer watches your eyes follow a pen or light, the walk and turn and the one leg stand. Officers may also ask you to recite the alphabet or count. The officer is grading you against criteria you are not told about, often on uneven roads, at night, in traffic and while you are nervous.
Why do people decline field sobriety exercises?
Many sober people struggle with these exercises because of age, weight, injuries, footwear, fatigue or anxiety. The results are recorded in the officer's report as clues of impairment and often become the main evidence in a DUI case. Declining limits that evidence, although it does not guarantee you will not be arrested.
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How is this different from refusing a breath test?
Florida's implied consent law applies to breath, blood and urine tests requested after a lawful DUI arrest. Refusal brings a one year license suspension for a first refusal and 18 months for a second. Under Trenton's Law, effective October 1, 2025, a first refusal can also be charged as a second degree misdemeanor and a second refusal as a first degree misdemeanor.
How are field sobriety results challenged?
- Comparing body camera video to the written report.
- Showing improper instructions or demonstrations by the officer.
- Identifying medical, physical or environmental factors.
- Questioning the officer's training in administering the exercises.
Frequently asked questions
Do I have to do field sobriety tests in Florida?
No. They are voluntary. You can politely decline.
Can I be arrested for DUI without field sobriety tests?
Yes. Officers can base an arrest on driving pattern, odor, speech, admissions and other observations.
Is refusing a breathalyzer a crime in Florida?
Since October 1, 2025, yes. A first refusal of a lawful breath, blood or urine test can be charged as a misdemeanor.
Can field sobriety tests be thrown out?
Results can be challenged or excluded if the stop was unlawful or the tests were improperly administered.
Related practice areas
Practice areaDUI Defense Attorney
Practice areaCriminal Defense Attorney
Practice areaFirst-Time Offenders Defense Attorney
Keep reading
DUI & TrafficFlorida DUI Penalties for a First, Second and Third Offense
DUI & TrafficDriving With a Suspended License in Florida
DUI & TrafficBoating Under the Influence in Florida
DUI & TrafficLeaving the Scene of an Accident in Florida
This article provides general information about Florida law and is not legal advice. Every case is different. Contact an attorney about your specific situation.