Difference Between Field Sobriety Tests and Breathalyzers

Many Arkansas drivers confuse field sobriety tests with breathalyzers. The distinction matters:

• Field sobriety tests are optional. You can legally refuse without an automatic suspension.

• Breathalyzers and chemical tests fall under Arkansas’ implied consent law. Refusing them results in license suspension, even if you aren’t convicted of DWI.

This difference is crucial. If you only refuse the roadside walk-and-turn or balance tests, you do not lose your license. But if you refuse a chemical test, penalties are much harsher. For a full breakdown of those consequences, read our guide: Consequences For Refusing Breathalyzer - Arkansas Law Explained.

What Happens If You Refuse a Field Sobriety Test?

• You may still be arrested. Officers can base an arrest on their observations (odor of alcohol, slurred speech, bloodshot eyes).

• Refusal may be mentioned in court. Prosecutors may argue that refusal suggested you had something to hide.

• You avoid giving flawed evidence. Without field test results, the officer has one less piece of evidence to use against you.

If you perform poorly on a field sobriety test, prosecutors may use it to strengthen their DWI case. By refusing, you may limit the evidence available. But, refusal can also make officers more determined to find another reason for probable cause.

Protecting Your Rights in a DWI Case

This is where a strong defense comes in. An experienced Arkansas DWI lawyer can:

• Argue that field sobriety test results are unreliable

• Challenge whether the officer had probable cause for arrest

• Suppress improperly collected evidence

• Protect your license in both administrative and criminal proceedings

At Ludwig Law Firm, we prepare every DWI case as if it is going to trial. We also often partner with Harry Warden, a recognized criminal defense attorney in Little Rock. Together, we give clients both thoughtful strategy and aggressive trial readiness.

If you’ve refused a field sobriety test or face DWI charges, don’t wait. Learn more about your DWI case today.

Final Takeaway

You can refuse field sobriety tests in Arkansas. But exercising that right does not guarantee you avoid arrest, and refusal may still be used against you in court. The key is knowing how these tests differ from breathalyzers and what strategies can protect you in court.

If you’re facing a DWI charge or refused testing, call Ludwig Law Firm at 501-838-4043 or visit ludwiglawfirm.com.

Disclaimer: The information provided in this blog is for general informational purposes only and is not intended as legal advice. Reading this blog or interacting with Ludwig Law Firm through this content does not create an attorney-client relationship. Every legal case is different, and you should not act or rely on any information in this blog without first consulting with a licensed attorney about your specific situation. For legal guidance tailored to your needs, please contact Ludwig Law Firm directly.

Arkansas drivers often ask if they can legally refuse to perform a field sobriety test. The answer is yes, you can refuse a field sobriety test in Arkansas, and unlike chemical test refusals, it does not trigger automatic license suspension. But while refusal is legal, it does not always mean it is the best choice.

This blog breaks down your rights, what refusal means in practice, and how field sobriety tests differ from breathalyzer or chemical testing.

Remember, understanding your rights and the implications can make all the difference in your DWI case. If you have any questions, feel free to fill out the form on this page, and an attorney will reach out to you with an answer. Now, let's dive in!

Frequently Asked Questions

Are field sobriety tests accurate?
Not always. Many studies show high error rates, especially when tests are conducted in poor conditions.

Can I refuse both the field test and the breathalyzer?
Yes, but the consequences differ. Field sobriety refusal does not trigger automatic suspension. Refusing a breathalyzer does.

What should I do if I was arrested after refusing a field sobriety test?
Call a qualified Arkansas DWI lawyer immediately. You still have options to fight your case.

Can an officer arrest me without a field sobriety test?
Yes. Probable cause can be based on behavior, speech, or physical signs of impairment.