If you refuse a field sobriety test in Des Moines, Polk County or anywhere else in Iowa, for that matter,, it’s important to understand that you can refuse without facing any direct legal penalties. You should note, however, that refusal can still lead to an arrest and subsequent testing and potential OWI charges, depending on the unique circumstances of your case. Whether you comply with the officer’s order or not, you may find yourself facing charges. A Des Moines OWI lawyer from our firm can help you fight them.
What Is a Field Sobriety Test in Iowa?
A field sobriety test is a series of assessments that officers will subject drivers to if they suspect them of driving under the influence. They could ask a driver to stand on one leg while counting to 10. They could also ask a motorist to walk in a straight line, heel-to-toe. These are easy tasks for most of us, but someone who consumes too much alcohol may lack the coordination to complete them. This is exactly why the officer is asking them to attempt these actions.
Common Types of Field Sobriety Tests
- Horizontal Gaze Nystagmus (HGN): The officer will look for involuntary eye jerking and movements by asking you to follow an object with your eyes
- Walk-and-Turn Test: Heel-to-toe steps in a straight line with a turn
- One-Leg Stand Test: You will be asked to stand on one leg while counting out loud
- These tests examine:
- Balance
- Coordination
- Cognitive function
- Ability to follow directions
- Your performance on these tests can be impacted by:
- Medical conditions
- Improper roadside conditions (puddles, slippery surfaces, uneven terrain)
- Fatigue
- Anxiety
Law enforcement officers in Iowa use these standardized tests to help establish probable cause before making an OWI arrest
Are Field Sobriety Tests Mandatory in Iowa?
Field sobriety tests are voluntary in Iowa, meaning you are not legally required to take them. However, refusal does not prevent an officer from continuing an investigation or making an arrest on other grounds. Local law enforcement agencies in Des Moines and throughout Polk County follow these same legal standards during OWI investigations.
Important Considerations About Refusal
- You are legally allowed to decline to participate in roadside testing in Iowa
- Refusal alone does not result in automatic penalties
- You may still face arrest
- Refusal can increase suspicion, but does not constitute proof of intoxication
What Are the Penalties for Refusing a Field Sobriety Test?
You can refuse a field sobriety test in the state of Iowa for whatever reason you choose. There is no penalty for not taking these tests at the cop’s behest. You may not be so lucky when it comes to their follow-up plans, though.
What Happens If You Refuse?
- The officer may request chemical testing (conducted through blood, breath, or urine samples)
- You may still be arrested based on:
- Officer observations
- Driving behaviors
- Statements made during the traffic stop
- Refusal may be used as contextual evidence in court
- The investigation will generally escalate, not end at refusal
Why Do I Have to Submit a Breathalyzer Test?
Drivers who refuse a field sobriety test in Polk County may have to submit to a chemical test instead. This can be a blood test that measures alcohol concentration in a driver’s blood sample, but the most common way of administering a chemical test probably involves a breathalyzer. This is due to “implied consent” laws. If you are driving on Iowa roads, you have already consented to chemical BAC testing. This is just how things work.
You breathe into this device, and a reading of your BAC comes out. If your reading is high enough, you will be charged with an OWI. You must cooperate with this test. Those who do not can have their licenses suspended for years, especially if this is not their first time refusing to take a chemical test. Just refusing this test once could result in your license being suspended for a year.
Iowa’s Implied Consent Laws, Explained
- By driving in Iowa, you automatically agree to chemical testing
- This applies to:
- Blood tests
- Urine tests
- Breathalyzer tests
- Refusal to submit to chemical testing results in automatic administrative penalties under Iowa Code § 321.J6, including:
- A one-year license suspension for a first-time refusal
- Longer suspension periods for subsequent refusals
How Can an Attorney Help?
Your attorney can communicate on your behalf so that you do not have to worry about saying the wrong things to insurance companies or lawyers. Your attorney can also help you find the defensive strategy that will work best for you. They can question the stop, get evidence against you thrown out, and even petition the court to have any charges dropped.
Talk to a Des Moines Criminal Defense Lawyer Today
You do not have to face OWI charges all on your own. At Herting Law, PLLC, we understand how difficult these matters can be to navigate, which is why we are committed to helping you fight for the best possible outcome. Contact us today and learn more about how we can help you get back to your normal life.
