MCOLES State Licensing Practice Exam

What is the consequence for refusing to submit to standardized field sobriety tests (SFSTs)?

1. Civil Infraction.

2. Not an offense because SFSTs are voluntary.

3. 90 day Misdemeanor.

The correct answer is: Not an offense because SFSTs are voluntary.

The correct answer is that refusing to submit to standardized field sobriety tests (SFSTs) is not an offense because these tests are voluntary. In many jurisdictions, the act of performing SFSTs is often seen as a voluntary action, and individuals are not legally obligated to participate in them. This aspect underscores the principle that while law enforcement may request or recommend SFSTs to assess a driver's impairment, drivers have the right to refuse without facing criminal penalties strictly for their refusal. It's important to understand that while refusal may not be an offense in itself, there could be other implications, such as potential arrest for driving under the influence (DUI) if the officer has probable cause based on other observations. In contrast, other options suggest consequences that do not accurately reflect the legal status of SFST refusal. The idea of a civil infraction or a misdemeanor does not apply because penalties typically associated with such classifications pertain to unlawful actions rather than refusal to participate in a voluntary test.