Can I Refuse Standardized Field Sobriety Tests in North Carolina?

By Doug Edwards

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DUI/DWI Defense

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Last Modified on Jan 14, 2026

Field sobriety tests are a standard method of determining the sobriety of a driver by law enforcement. If you are pulled over for suspicion of driving while intoxicated, a police officer may ask you to partake in one or more of these tests. For those wondering, “Can I refuse standardized field sobriety tests in North Carolina?”, it is important to understand your rights.

If you take one and end up failing—even if you are sober—you may be arrested and charged with Driving While Intoxicated (DUI). An Asheville DUI lawyer may be able to help if you are wrongfully arrested, but it is important to know that you do not have to take a field sobriety test if you are asked to.

What Is a Standardized Field Sobriety Test?

A standardized field sobriety test (SFST), often called a field sobriety test (FST), is a set of exercises an officer uses to evaluate whether a driver may be impaired. FSTs have an overall accuracy rate of 77%. If someone fails one or more of these tests, they may be arrested for driving while intoxicated.

The following are some examples of FSTs:

• Horizontal Gaze Nystagmus (HGN): An officer will ask you to follow an object with just your eyes while keeping your head still. They will look for involuntary eye jerking movements (nystagmus) to determine sobriety or not.
• Walk and Turn (WAT): An officer will ask you to take nine heel-toe steps in a straight line, turn around, and repeat the process while counting aloud. They will look for stumbling or stepping out of the line.
• One Leg Stand (OLS): An officer will ask you to stand on one leg and raise the other six inches off the ground for 30 seconds. They will look for swaying or hopping.

These tests may not be completely accurate in assessing whether or not somebody is sober. Physical limitations, medications, uneven surfaces, and nervousness may affect the accuracy of these tests. A sober person might end up failing an FST if they have any of these issues and could be arrested because of it.

Declining an FST in North Carolina

It is important to know that all FSTs are voluntary in North Carolina. However, there may be unintended consequences of refusing. Suspicion may be raised, and you may still end up getting arrested if they have probable cause.

They may also ask for a roadside breath test, which you can refuse. Only the official chemical test after an arrest carries penalties if you decline it. FSTs are often challenged in court due to their more subjective nature.

If you refuse an FST, ensure that you remain respectful and do not escalate the situation further. Officers may look for more probable cause to arrest you, so make sure you are polite and respectful when doing so.

Hire a DUI Lawyer

Because of the subjectivity of FSTs, you might find yourself arrested and charged with a DUI even if you were not intoxicated. It is important to take immediate legal action when this happens to you.

At Edwards Law, PLLC, we have extensive experience in all sorts of DUI cases. If you have been wrongfully arrested due to the failure of a PST, do not hesitate to hire a DUI lawyer. To schedule a free consultation, give us a call or visit our Asheville office.