Unless you are under 21 you have the absolute right to refuse the field sobriety tests. You can only be accused of a refusal if you refuse to submit to the evidential test of either a breath or blood test.
Mr. Driessen is a former Deputy DA in Orange County with over 8 years of criminal law experience. Nothing stated on this site shall in anyway be construed as legal advice, or as creating any attorney client relationship. If you would like to hire Mr. Driessen, feel free to contact him at www.theocduiguy.com.
You can legally refuse to take field sobriety tests (FST's). However, you are mandated to submit to a chemical test if probable cause exists to believe you are driving under the influence. Failure to submit to a chemical test is punishable by license suspension, not necesarily criminal charges. Your question suggests you've been charged with refusing to do FST's. That is not a criminal offense in and if itself....
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