When you are pulled over by law enforcement in San Diego for a suspected DUI or other traffic stop, you may be asked to submit to field sobriety tests or consent to a search of your vehicle or person. These requests often feel stressful, and many people wonder about their legal rights when asked to comply. Refusing a field sobriety test or a police search can have consequences—and sometimes benefits.
Understanding how California law handles refusals, the risks you assume, and your actual rights is crucial. Here, our San Diego County criminal defense attorney at Griffin Law Office, APC, explains what happens if you refuse, and how to protect your rights.
Rights During a Police Stop and Search Refusal
During any traffic stop, you retain constitutional rights. Knowing them helps you make decisions that preserve your legal protections.
Police must have a lawful basis to stop you, such as a reasonable suspicion of a moving violation or another crime.
Once stopped, you have rights, including:
- The right to remain silent except for identifying yourself and producing your driver’s license if driving.
- The right to decline consent to a search if officers do not have a warrant or probable cause.
- The right to request an attorney if you are detained or arrested.
Regarding searches, the key legal standard is whether law enforcement has probable cause or a valid warrant. If neither is present, you can and should refuse consent to a search. Saying “I do not consent to a search” is your right, and doing so can help later in court by showing your refusal. Refusing a search does not guarantee freedom from all consequences, but it plays a vital role in protecting your rights.
Field Sobriety Tests: Voluntary or Mandatory?
Law enforcement often relies on three principal field sobriety evaluations: tracking eye movement, walking in a straight line, and balancing on one leg. These are intended to help officers evaluate impairment before possibly arresting someone for DUI.
Here is what you need to know about refusing such tests in California:
- Field sobriety tests are generally voluntary, meaning you have the right to refuse them without direct legal penalties.
- If you are under 21 years old or are already on DUI probation, there may be special rules or consequences for refusing tests. Courts often treat minors and probationers more strictly.
- Refusing an FST does not prevent officers from using other observations (like driving behavior, smell of alcohol, or visible impairment) or requesting a chemical test (breath or blood) if they arrest you.
Consequences of Refusing Field Sobriety or Search Requests
Refusing an FST or a search may seem like a way to avoid trouble, but it is not without risk.
Some of the possible consequences include:
- Officers may use your refusal as evidence of consciousness of guilt or impairment—though refusal by itself is not proof of wrongdoing.
- For chemical tests (breath, blood, urine), California’s implied consent laws require compliance. Refusing these can lead to administrative penalties such as license suspension.
- If you refuse a search and the police proceed without probable cause, the search might be challenged later. Evidence collected in an illegal search may be suppressed in court.
How to Refuse Properly and Protect Your Rights
If you decide to refuse a request for field sobriety tests or a search, how you refuse matters, like your legal rights do. Improper refusal or aggressive behavior can escalate the situation.
Best practices include:
- Politely but clearly state that you refuse consent to the search or the field sobriety test.
- Do not physically resist or argue aggressively with law enforcement. Keep your tone calm and respectful.
- Record or note details if possible—time, location, officers’ badge numbers, and what was asked of you.
- Ask if you are free to leave if not under arrest. If yes, quietly go. If not, remain silent beyond providing the required identification.
- Contact a criminal defense attorney right away. Legal counsel can advise you on the next steps, possible defenses, and help in hearings or court.
Why Legal Representation Is Critical in DUI or Search Refusal Cases
Because DUI laws and search/refusal issues are complex, having a skilled lawyer can be transformative.
We will:
- Assess whether the traffic stop and search or test request were lawful.
- Examine whether any constitutional rights were violated.
- Challenge evidence obtained improperly.
- Seek to minimize or avoid penalties, such as license suspension or criminal conviction.
At Griffin Law Office, APC, our San Diego criminal defense attorney has deep experience handling DUI, search refusal, and related constitutional issues. We defend clients’ rights vigorously and strive to secure the best possible outcome under the law.
Contact us online today or call 619-269-2131 for a confidential consultation.
