Understanding Your Rights at a DUI Stop
If you’ve been pulled over on suspicion of driving under the influence in Kansas, you may be asked to perform a series of roadside exercises known as field sobriety tests (FSTs). These tests are designed to help law enforcement determine whether you are impaired. However, many drivers are unsure about their rights when it comes to these tests—and whether refusing to take them is allowed under Kansas law.
The short answer is: yes, you can legally refuse to take field sobriety tests in Kansas. But before you make that decision, it’s important to understand what these tests involve, why officers use them, and how a refusal might affect your case.
What Are Field Sobriety Tests?
Field sobriety tests are standardized evaluations developed by the National Highway Traffic Safety Administration (NHTSA). They aim to identify signs of impairment based on a person’s coordination, balance, attention, and ability to follow instructions.
Common FSTs used in Kansas include:
- Horizontal Gaze Nystagmus (HGN): The officer checks for involuntary eye movements as you follow an object side to side.
- Walk-and-Turn (WAT): You’re asked to walk heel-to-toe in a straight line, turn, and return the same way.
- One-Leg Stand (OLS): You must balance on one foot while counting aloud.
While these tests are commonly used, they are not mandatory, and drivers in Kansas have the right to decline them.
Are Field Sobriety Tests Required in Kansas?
No. Field sobriety tests are voluntary under Kansas law. Unlike chemical testing (such as a breath or blood test after an arrest), there is no legal penalty for refusing to perform field sobriety tests during a traffic stop.
Officers may not tell you the tests are optional. They might ask you to “step out and perform a few quick tests” without making it clear you can decline. However, unless you are under arrest, you have the right to say no.
You can politely refuse by saying:
“Officer, I respectfully decline to perform field sobriety tests.”
This is a lawful response and cannot be held against you in the same way a test refusal might impact a chemical test under Kansas’s implied consent laws.
Why You Might Refuse Field Sobriety Tests
Refusing to perform FSTs isn’t an admission of guilt—it’s a way to protect yourself from potentially unreliable or misleading evidence. There are several reasons drivers in Kansas choose not to participate in these tests:
1. They’re Subjective
Field sobriety tests depend heavily on the officer’s personal judgment. Even slight swaying, pauses, or misunderstandings can be viewed as signs of impairment—even when someone is sober.
2. Conditions May Be Unfair
Kansas roads aren’t always ideal for testing balance or coordination. Uneven pavement, poor lighting, cold weather, or strong winds can make even the most coordinated person appear impaired.
3. Physical or Medical Issues Can Skew Results
Age, injuries, neurological conditions, and medications can affect your performance. Officers may not account for these factors, leading to a false impression of impairment.
4. Even Sober Drivers Can Fail
Stress, nerves, and the pressure of being under scrutiny can cause mistakes. Many drivers who are not under the influence struggle with these tests.
By refusing, you prevent the officer from collecting additional evidence that could be used against you later in court.
Will Refusing Field Sobriety Tests Result in Arrest?
Refusing to take field sobriety tests does not automatically lead to an arrest, but it does not prevent one either. If the officer believes they have enough probable cause based on other factors—such as erratic driving, the smell of alcohol, or slurred speech—they may still choose to arrest you.
However, by declining the tests, you limit the evidence available to support their case. In many DUI cases, field sobriety test results are a key part of the prosecution’s evidence. Without them, your defense may be stronger.
What About Refusing a Breath or Blood Test in Kansas?
It’s important to distinguish between field sobriety tests and chemical tests.
Under Kansas’s implied consent law, if you are arrested for DUI, you are legally required to submit to a chemical test(breath, blood, or urine). Refusing this type of test can result in:
- Automatic license suspension
- A refusal notation that can be used in court
- Additional penalties, even if you are not convicted of DUI
So while refusing a roadside field sobriety test is legal and carries no direct penalty, refusing a chemical test after arrest is a different matter entirely.
How Refusing Field Sobriety Tests Can Help Your Case
In many DUI cases, field sobriety tests are used as a primary method of establishing probable cause. Without that evidence, it may be harder for the prosecution to prove impairment, especially if:
- There’s no chemical test, or the test results are inconclusive
- The traffic stop itself is questionable
- Other evidence (like dash cam footage) contradicts the officer’s observations
By refusing to perform these tests, you deny law enforcement an opportunity to collect potentially flawed or misleading evidence. This gives your attorney a stronger position to challenge the arrest and any charges that follow.
What to Do if You’ve Been Arrested After Refusing a Field Sobriety Test
If you were arrested for DUI in Kansas after refusing to perform field sobriety tests, don’t assume the situation is hopeless. Every DUI case has potential defenses, especially when your rights have been properly asserted and no test results are available.
At Bill Cummings LLC, we:
- Review police reports and video evidence
- Examine whether the stop and arrest were lawful
- Challenge the reliability of any observations made by officers
- Fight to reduce or dismiss charges where possible
Even if chemical test results exist, refusing field sobriety tests may make it harder for the state to prove their case against you.
Call Bill Cummings LLC for a Free Consultation
A DUI conviction in Kansas can have significant and lasting consequences, but with the right strategies and legal representation, you can mitigate these impacts. Bill Cummings LLC is committed to helping you navigate the complexities of DUI defense and protect your future.
📞 Contact us today at (316) 264-1548 for legal assistance and ensure that you have a dedicated advocate on your side.
We’re here to guide you through every step of your DUI case and fight for the best possible outcome.