Question: Are field sobriety tests mandatory in California when pulled over for a DUI? What happens if I refuse to do them?
Answer: Field Sobriety tests are Not mandatory in California when pulled over for a DUI if you are not on probation with DUI conditions that require it. More times than not, if you refuse to do them, the cop will arrest you. At that point, if he asks you to do a breath or blood test, then there is an implied consent law in California, and a refusal to submit would bring potential “enhancement” charges on top of the 23152 VC DUI charges. Of course, these consequences can be argued in court, and potentially won.