By Criminal Defense Attorney Chris Mutimer
If you were just pulled over in Washington DC and the officer said, “Step out and walk this line for me,” your heart probably sank. You might be scared, confused, and unsure what to do next. Here’s the truth most people don’t realize: in DC, field sobriety tests are optional. You can politely decline them, and, in many cases, that’s the smartest legal move you can make. At Monument Legal, we’ve guided countless clients through this exact moment. If you’re reading this because you or someone you love is facing a DUI stop, you’re not alone, and you have rights worth protecting.
Field sobriety tests (FSTs) are physical and coordination-based exercises that police officers use to check for signs of impairment. They’re meant to help determine whether there’s probable cause for a DUI arrest. Common examples include:
These tests were designed decades ago by the National Highway Traffic Safety Administration (NHTSA). But what many drivers don’t realize is how subjective these tests are. Even sober people can fail them due to nerves, fatigue, medical conditions, or uneven ground.
“These tests are super subjective. They’re designed for you to fail, especially if you’re nervous, tired, or standing on uneven ground.” – Attorney Chris Mutimer
No. You are not legally required to perform field sobriety tests in DC. There’s no law that mandates you to take them, and declining will not automatically result in additional penalties or license suspension. That’s an important distinction from breath or chemical tests, which fall under DC’s “implied consent” laws. If you politely refuse, you’re simply exercising your legal right not to give the officer more subjective evidence to use against you in court.
Here’s the key point: refusing a field sobriety test does not guarantee you won’t be arrested. An officer can still make an arrest if they believe there’s enough evidence of impairment based on your driving behavior, smell of alcohol, speech, or other observations. But by declining, you limit how much “evidence” they have to present later. In court, this can make a big difference in your defense strategy.
| If You Agree to the Tests | If You Politely Decline |
|---|---|
| Officer records and interprets performance (often subjective) | No physical performance evidence added to record |
| Possible video evidence used in court | Less material for prosecution to rely on |
| May increase likelihood of arrest | Still possible arrest, but stronger defense options later |
If you choose to decline, remain calm and respectful. You can simply say: “Officer, I understand, but I prefer not to take any field tests. Am I free to go?” Tone matters. Avoid being argumentative. You’re protecting your rights, not picking a fight.
Even one wrong decision at a traffic stop can change the outcome of your case — but the right lawyer can help level the playing field. At Monument Legal, our DUI attorneys in Washington DC know how to challenge the assumptions officers make and expose weaknesses in the government’s evidence.
A Washington DC DUI attorney can:
Our approach is grounded in compassion and strategy. We know that being arrested doesn’t define you — it’s a moment, not your identity.
If you’re stopped by police and suspected of driving under the influence (DUI) or driving while intoxicated (DWI), here’s how to protect yourself:
You don’t have to navigate this alone. Every step you take after an arrest — or even during a stop — can affect your future.
No. Field sobriety tests are voluntary in Washington DC. You can politely decline without facing automatic penalties. However, officers may still arrest you if they believe you’re impaired. Source: DC Code § 50–2201.05
Yes. Refusal alone doesn’t prevent arrest. Police can rely on other observations such as slurred speech, odor of alcohol, or erratic driving to form probable cause.
Usually, no. Refusing may actually prevent the government from gaining additional evidence against you. Your attorney can use that to your advantage in court.
Field sobriety tests are optional. Breath tests fall under DC’s implied consent law — refusal can trigger license suspension. We’ll cover this topic in our next video.
Immediately. The sooner a Washington DC DUI lawyer reviews your case, the more time they have to challenge evidence and protect your license.
If you’ve been pulled over or arrested for DUI in Washington DC, don’t panic. The situation may feel overwhelming, but you have options — and rights worth defending. Our team is here to help you understand your case, protect your license, and work toward the best possible outcome.
Contact Monument Legal today for a confidential consultation. We’ll listen, explain your options, and stand by you every step of the way.