Do I have to submit to a field sobriety test?

You don’t have submit to field sobriety tests but if you don’t, be prepared to be hauled into the police station. Minnesota DUI attorney David Valentini explains what will occur if you don’t take the test.

Contact David Valentini

Email: [email protected]

Phone: (612) 341-0900


You do not have to do any of the roadside field sobriety tests, nor do you have to take the portable breath test. But by refusing to do so, you will certainly be taken to the police station on the spot to determine if you’re gonna take the breath test at the police station – the breath, blood, or urine test at the police station.

So if you think that you can pass that test and potentially go home, of course you should take it at the scene. But there’s no consequences other than being taken to the police station by refusing that, and the same goes with the field sobriety tests. Those tests sometimes are hard to do. If you have an injury or something that would prevent you to properly perform those tests, I think it would be important to tell the police officer of that and probably not try.