Refusing Field Sobriety Tests in a Tacoma DUI Case: What Courts Can and Cannot Use Against You

When you’re facing a DUI charge, the consequences extend beyond the courtroom. Your rights, your record, and your future are on the line. In some cases, what you choose not to do—such as refusing a field sobriety test—can become part of the evidence used against you.

A recent decision from a Washington appellate court shows just how complex DUI cases can get. In this case, the court allowed the jury to hear about the defendant’s refusal to participate in field sobriety testing, despite constitutional challenges. For anyone arrested or charged with DUI in Tacoma or Pierce County, the outcome offers an important lesson: every action—or refusal—can have legal consequences.

Facts of the Case: A Composite from Real Events

In April 2021, police in Auburn, WA, stopped a driver after observing erratic behavior on State Route 167. Officers said the vehicle was drifting between lanes and speeding up and slowing down without clear reason. When they finally pulled the car over, they had to knock on the window multiple times to get the driver’s attention.

According to police reports, the driver showed several signs of impairment: slurred speech, clumsy movements, and the smell of alcohol. He denied drinking but admitted that he was supposed to have an ignition interlock device installed due to a previous DUI conviction—and did not.

He refused to take field sobriety tests. He was argumentative with officers, who later arrested him for DUI. At the police station, he also refused to take a breath test despite being warned of the consequences, including automatic license suspension. Officers did not obtain a warrant for a blood draw.

A background check revealed that the driver had at least three prior DUI convictions. The State filed charges for felony DUI, reckless driving, and violation of the interlock device requirement. He later pled guilty to the interlock violation, and a jury convicted him on the remaining charges.

Why Refusal to Perform Field Sobriety Tests Can Be Used Against You

The defendant argued on appeal that the trial court erred by allowing his refusal to participate in field sobriety tests to be admitted into evidence. He claimed this violated his constitutional rights under the Fourth Amendment (protection against unlawful searches and seizures) and Fifth Amendment (right against self-incrimination).

But the appellate court disagreed. Here’s why:

Reasonable Suspicion Justified the Stop: The court held that the officer had reasonable suspicion to stop the vehicle based on observable erratic driving. This met the standards laid out in Terry v. Ohio.
The Refusal Was Not Testimonial: Field sobriety tests involve physical coordination—not verbal testimony. Courts in Washington and across the country generally consider refusal to take these tests as non-testimonial conduct. That means the Fifth Amendment does not apply.
The Refusal Was Relevant Evidence: Under Washington law, juries may consider a suspect’s refusal to perform field sobriety tests as evidence of consciousness of guilt, especially when the request is made during a lawful detention.
No Unlawful Coercion Occurred: Officers did not physically force the defendant to comply, nor did they engage in behavior that would turn the request into a coercive interrogation. As a result, the court ruled that the evidence was properly admitted.

What This Means for Your Case

If you’re pulled over and suspected of DUI in Tacoma, WA, your decision to refuse field sobriety tests may not shield you from consequences. In fact, prosecutors may introduce that refusal at trial to suggest you had something to hide—even if you were trying to protect your rights.

While this may feel unfair, Washington courts have consistently ruled that such refusals are not protected under the Fifth Amendment because they do not involve self-incriminating statements.

Firearm Possession After a Felony DUI: What You Need to Know

The same defendant also challenged another major consequence of his conviction: the loss of his right to possess firearms.

He argued that because his felony DUI conviction was non-violent, the restriction was unconstitutional. Again, the court disagreed.

The court pointed to multiple state and federal decisions supporting the principle that firearm restrictions for individuals with serious criminal histories—including repeat DUI offenders—serve a legitimate public safety purpose. In particular:

Repeat DUIs Show a Pattern of Risky Behavior: Even if no violence occurred, multiple DUI offenses signal a pattern of impaired judgment and public endangerment.
Historical Traditions Support Restrictions: Courts found that firearm prohibitions tied to felony convictions align with the U.S. tradition of disarming individuals deemed dangerous to community safety.
Washington Statutes Meet Constitutional Scrutiny: The court held that Washington’s laws barring firearm possession by individuals convicted of felony DUI are “reasonably necessary” to prevent harm and are not overbroad or punitive.

In short, felony DUI in Washington can result in a permanent firearm prohibition—even if no one was physically hurt in the incident.

Other Penalties You Might Face in a Tacoma Felony DUI Case

Felony DUI convictions in Washington come with serious, life-changing consequences beyond incarceration. These may include:

Electronic Home Monitoring: As in this case, a court may impose home detention even if time served covers the jail sentence.
Mandatory License Suspension: Refusal to submit to a breath test carries automatic consequences with the Department of Licensing.
Financial Penalties: Fines, court costs, and treatment fees can quickly add up.
Treatment Requirements: You may be required to complete a certified alcohol dependency evaluation and follow up with treatment.
Felony Record: A felony DUI conviction will stay on your record and can severely impact employment, housing, and travel.
Loss of Gun Rights: As discussed above, even a nonviolent felony DUI can bar you from owning firearms in Washington.

A Tacoma DUI Defense Attorney Can Help You Fight Back

We understand that not every DUI case is cut and dry. People refuse tests for all sorts of reasons—fear, confusion, poor advice, or medical limitations. Police may overstate impairment. Procedures may be skipped or abused. And not every prior conviction should count toward a felony filing.

We recently represented a client in Pierce County who was charged with felony DUI based on an alleged refusal and prior out-of-state offenses. By challenging the admissibility of the out-of-state DUIs and investigating the legality of the traffic stop, we were able to negotiate a reduction to a gross misdemeanor. This saved our client from a felony conviction, jail time, and permanent loss of rights.

Every detail matters in a DUI defense—especially when the stakes involve constitutional rights.

Facing a DUI in Tacoma, WA? Don’t Go It Alone

If you’ve been arrested for DUI in Tacoma or Pierce County, don’t wait to get legal help. The earlier you contact a skilled defense attorney, the better your chances of protecting your rights, preserving your freedom, and minimizing the long-term consequences.

Facing DUI charges? Don’t navigate the system alone—reach out to our Tacoma office today for a free consultation.