Do You Have to Do a Field Sobriety Test in Michigan?

"Step out of the car and follow my pen with your eyes." Most people just do it — and hand the officer the case.

If you get pulled over in Michigan and the officer suspects drinking, they'll usually ask you to do a few field sobriety tests — walk a line heel-to-toe, stand on one leg, follow a light with your eyes. Here's what a lot of drivers don't realize: those roadside tests are, for most people, voluntary — and knowing the difference between them and the chemical test can change everything. Here's how it works. If you're facing a charge, see our criminal defense practice.

The roadside tests are usually optional

The standardized roadside tests — the walk-and-turn, the one-leg-stand, and the eye test (HGN, where they move a pen or light in front of your eyes) — are generally voluntary. In most cases you can politely decline them, and unlike some other tests, refusing these roadside coordination tests doesn't carry an automatic license suspension.

Officers usually won't volunteer that they're optional. They'll say "I need you to..." — and most people comply without knowing they had a choice.

They're built for you to "fail"

Here's the part that stings: these tests are subjective, and the officer is the judge. Nervousness, tiredness, uneven pavement, bad shoes, an old knee injury, cold weather, flashing lights, or just being scared can all look like "clues" of impairment on a roadside test — even stone sober. The officer decides what counts as a stumble or a "clue," and it's their word in the report.

You're not doing a fair, pass/fail exam. You're generating evidence, graded by the person who already suspects you.

The one test that IS different — don't confuse them

There's a critical distinction:

• Roadside coordination tests (walk-and-turn, one-leg-stand, eye test) — generally voluntary, no automatic license penalty for declining.
• The roadside "preliminary breath test" (PBT) — the little handheld breath unit at the scene. For most Michigan drivers, refusing it is a civil infraction (a fine), not a license suspension.
• The evidentiary chemical test — the official breath test back at the station (or a blood test). This one is governed by Michigan's implied consent law, and refusing it carries real consequences: points and a license suspension. That's a completely different decision — we break it down in our breathalyzer post.

Mixing these up is where people get hurt. The roadside gymnastics are usually optional; the station chemical test is the one with implied-consent teeth.

What to do at the stop

• Stay calm and polite — never argue or resist.
• You can say: "I'd rather not do any roadside tests." Declining isn't an admission of guilt.
• Provide your license, registration, and proof of insurance — those you do have to hand over.
• Don't volunteer information about where you've been or what you've had. You're not required to.
• Whatever happens, don't physically resist — say your piece and let a lawyer sort out the rest.

None of this makes a charge disappear. But how a stop is conducted — whether the tests were done right, whether there was cause — can decide whether evidence holds up at all.

When to call ELN

If you were pulled over and asked to do field sobriety tests — or you're now facing an OWI — how that stop was handled can make or break the case, because evidence from an improper stop or test can sometimes be challenged and kept out. ELN Law reviews exactly what happened on the roadside and whether your rights were crossed. Reach out through our criminal defense practice or schedule a consultation — the sooner we look, the more we can do.

You Call You Win.