Almost without a doubt, the HGN test will be used against you. If you have been drinking or doing drugs, the officer will say you failed the HGN test. You cannot be forced to perform the field sobriety test or the HGN eye test. If you refuse, though, you will likely be arrested for DUI and taken to another location for breath, blood, or urine testing. The purpose of the field sobriety tests is for the officer to obtain evidence against you. Usually, the officer will perform the HGN test first; if he asks you to perform other field sobriety tests, he probably believes that you are intoxicated and will be arresting you anyway. Generally, we do not advise our clients to submit to the HGN test or perform the field sobriety tests.