Can I refuse a standardized field sobriety test? A person can refuse to do the standardized field sobriety test or other evidentiary tests when they are stopped for DUI. However, they need to understand that when they refuse to do that, there are serious implications to their license. Under Nevada law, if they refuse to do an evidentiary test, then their license will be suspended for one year. And that is in addition to any other suspension that comes out of that arrest as well through DUI.
Sometimes for a first offense, someone is looking at a year and 90 days for their license to be suspended. By refusing to do standardized field sobriety tests or the evidentiary tests, it requires the officers to then get an arrest warrant and to establish probable cause to be able to do that. A person needs to figure out if the loss of their license from the refusal is worth any other evidentiary issues that may arise from the police not being able to establish probable cause. Sometimes, even if there is no DUI, your refusal will still require you to lose your license for one year even if you weren’t under the influence.
In the end, it is really important that you discuss your case with your attorney.
