A Nevada driver undergoes a roadside sobriety test. Gallo Criminal Defense Las Vegas explains your legal right to refuse under state law.

If you're pulled over in Las Vegas and suspected of driving under the influence (DUI), a police officer may ask you to perform field sobriety tests (FSTs) to help determine whether you're impaired. These roadside tests often involve tasks like standing on one leg, walking a straight line heel-to-toe, or following an object with your eyes. Additionally, the officer may request a field breath test, which is a portable breathalyzer used at the scene.

A common question is: Can you legally refuse a field sobriety test in Nevada? The answer is nuanced. You can refuse some tests without automatic arrest, but refusing others can lead to immediate arrest under state law. Consulting a knowledgeable DUI attorney is essential to understand your rights and options fully.

This article clarifies your rights related to field sobriety testing, explains the consequences of refusing certain tests, and highlights how a Las Vegas DUI defense lawyer can assist you.

Understanding Field Sobriety Tests in Nevada

Field sobriety tests (FSTs) are physical and cognitive tasks designed to help officers evaluate your balance, coordination, and ability to follow instructions — all of which may be impaired by alcohol or drugs. The National Highway Traffic Safety Administration (NHTSA) standardizes the three most common tests:

• Horizontal Gaze Nystagmus (HGN): The officer moves an object (like a pen) slowly side to side and watches your eye movements for involuntary jerking.
• Walk-and-Turn (WAT): You walk nine heel-to-toe steps along a straight line, turn, and return.
• One-Leg Stand (OLS): You lift one leg about six inches off the ground and balance while counting until told to stop.

While these tests seem straightforward, numerous factors—stress, uneven terrain, medical conditions, or fatigue—can affect your performance, even if you are sober. Importantly, these tests are subjective and based on the officer's observations, which can sometimes be flawed or biased.

Your Right to Refuse Field Sobriety Tests in Nevada

Under Nevada law, you have the right to refuse the three standardized field sobriety tests (HGN, WAT, and OLS) without automatically being arrested. These are voluntary, and officers cannot legally force you to perform them at the roadside.

Refusing these tests cannot be held against you in court as automatic proof of guilt, nor does it result in immediate license suspension. However, refusing the tests may lead the officer to rely on other signs to justify an arrest.

An Overview of the Field Breath Test (PBT)

This is an important distinction:

• The field breath test—also known as the preliminary breath test (PBT) or portable breathalyzer—is different from the standard FSTs.
• Refusing the field breath test in Nevada authorizes immediate arrest by statute. (NRS 484C.160)

This means if an officer asks you to take a portable breath test at the scene and you refuse, they can lawfully arrest you based on that refusal alone.

Chemical Tests and Implied Consent Law

After arrest, under Nevada's implied consent law (NRS 484C.110), you are legally required to submit to chemical tests such as breath, blood, or urine tests to determine your blood alcohol concentration (BAC) or the presence of drugs.

• Refusing these post-arrest chemical tests leads to automatic driver's license suspension, usually for one year or more.
• The state may obtain a warrant for a blood test if you refuse.
• Refusal can be used as evidence against you in court.

Consequences of Refusing Field Sobriety Tests

• Refusing HGN, WAT, or OLS: You may avoid immediate arrest, but the officer can still arrest you based on other signs of impairment, such as slurred speech, bloodshot eyes, the smell of alcohol, erratic driving, or possession of an open container.
• Refusing the field breath test (PBT): The officer is authorized by law to arrest you immediately.
• Refusing chemical tests after arrest: Leads to license suspension and other serious consequences.

Field sobriety tests in Nevada, like this finger-to-nose exercise, can be refused. Gallo Criminal Defense Las Vegas explains your legal options.

The Unreliability of Field Sobriety Tests Explained

Field sobriety tests are inherently subjective. Studies have shown that:

• Many sober individuals, especially older adults or those with physical disabilities, can “fail” these tests.
• Environmental factors, medical conditions, anxiety, or uneven ground can negatively impact test performance.
• Officers' interpretations may be biased or incorrect, and training standards vary.

Because of these issues, DUI defense attorneys often challenge the validity and admissibility of field sobriety test results in court.

The Role of a DUI Defense Attorney

If you are arrested for DUI, whether or not you took any field sobriety tests, an experienced DUI lawyer in Las Vegas can:

• Review whether the traffic stop and arrest were lawful
• Scrutinize how field sobriety and chemical tests were administered
• Identify procedural mistakes or violations of your rights
• Argue to suppress unreliable or improperly obtained evidence
• Negotiate for reduced charges or alternative penalties

Consequences of a DUI Arrest in Nevada

A DUI conviction can result in serious penalties, including:

• Driver's license suspension or revocation
• Mandatory DUI education or treatment programs
• Fines and court fees
• Increased insurance premiums
• Community service or probation
• Installation of an ignition interlock device
• Jail time, especially for repeat offenses

Protecting Yourself During a DUI Traffic Stop

• Remain calm and polite.
• Provide requested documents (license, registration, proof of insurance).
• Do not admit to drinking or drug use.
• Politely refuse the field sobriety tests (HGN, WAT, OLS) if you choose.
• Understand that refusing the field breath test will result in arrest.
• If arrested, comply with chemical testing to avoid harsher penalties.
• Ask for a lawyer immediately.
• Exercise your right to remain silent and avoid volunteering extra information.

Frequently Asked Questions (FAQ)

Q: Can I refuse field sobriety tests without being arrested?

A: Yes. Refusing HGN, WAT, or OLS does not automatically lead to arrest.

Q: Does refusing the field breath test lead to arrest?

A: Yes. Nevada law authorizes arrest if you refuse a portable breathalyzer test at the scene.

Q: Will refusing chemical tests after arrest cause license suspension?

 A: Yes. Under implied consent laws, refusal results in license suspension and other penalties.

Contact Gallo Criminal Defense Las Vegas

If you've been asked to take field sobriety tests, refused a field breath test, or been arrested for DUI, don't wait. The legal system is complex, and your rights must be vigorously protected. At Gallo Criminal Defense Las Vegas, we provide experienced, aggressive defense tailored to Nevada DUI laws.

Call us today to schedule a confidential consultation. Protect your rights, your license, and your future.