Field Sobriety Tests: What to Expect and How to Protect Your Right


Field sobriety tests (FSTs) are a standard procedure used by law enforcement to determine if a driver is under the influence of alcohol or drugs. If you find yourself pulled over for suspicion of driving while impaired (DWI), it’s crucial to know what to expect during these tests and how to protect your rights. This article will provide an in-depth look at field sobriety tests, what they entail, and the importance of hiring a skilled DWI & DUI lawyer to safeguard your legal interests.

Understanding Field Sobriety Tests

Field sobriety tests are a series of physical and cognitive tasks administered by law enforcement officers to assess a driver’s level of impairment. While they are intended to help officers make informed decisions about whether to arrest a driver for DWI, these tests are not foolproof and can produce inaccurate results.

There are several standardized field sobriety tests recognized by the National Highway Traffic Safety Administration (NHTSA). The three most commonly used FSTs include:

Horizontal Gaze Nystagmus (HGN): This test evaluates the involuntary jerking of the eyes as they follow a moving object. Nystagmus can be exacerbated by alcohol or drug consumption.

Walk and Turn: In this test, the driver is asked to take nine steps, heel-to-toe, along a straight line, turn on one foot, and return in the same manner. The officer looks for balance, coordination, and the ability to follow instructions.

One-Leg Stand: The driver must raise one foot off the ground and hold it for a specified time while counting aloud. This test assesses balance and the ability to maintain a stable stance.

Non-Standardized FSTs may also be administered, but these tests lack the standardized guidelines of the NHTSA-approved tests and can be less reliable.

What to Expect During Field Sobriety Tests

When a law enforcement officer suspects you of DWI, they will typically ask you to perform one or more field sobriety tests. It’s important to know what to expect during these tests to protect your rights and make informed decisions. Here’s what you can anticipate:

Politeness and Explanation: The officer should explain the test’s instructions clearly and courteously. They may ask you if you understand the instructions and request you to perform the test.

Observation: The officer will closely observe your performance, looking for signs of impairment such as swaying, losing balance, not following instructions, and other indicators.

Equipment: The officer may use a flashlight or other equipment to assist in conducting the tests, especially if it’s dark.

Recording: In many cases, the officer may record your performance on a dashboard camera or body-worn camera. This footage could be used as evidence in court.

Pass or Fail: Depending on your performance, the officer will determine whether you pass or fail the field sobriety test. Failing does not necessarily mean you are impaired, but it may lead to an arrest.

The Importance of a DWI Lawyer

If you are facing DWI charges, hiring an experienced DWI lawyer is essential. Here are some of the key reasons why legal representation is crucial:

Knowledge of Local Laws: DWI laws and penalties can vary from one state to another and even between counties. A local DWI lawyer is familiar with the specific laws and regulations in your jurisdiction and can use this knowledge to your advantage.

Legal Expertise: DWI lawyers specialize in defending clients against impaired driving charges. They understand the legal complexities involved and can build a strong defense tailored to your case.

Protecting Your Rights: Your lawyer will ensure that your rights are upheld throughout the legal process. This includes examining whether the field sobriety tests were administered correctly and challenging any violations of your rights.

Negotiation Skills: A skilled DWI lawyer can negotiate with prosecutors to potentially reduce charges or penalties, such as obtaining a plea deal that minimizes the impact on your life.

Courtroom Experience: If your case goes to trial, having a lawyer with courtroom experience is invaluable. They can present evidence, cross-examine witnesses, and make persuasive arguments on your behalf.

Breathalyzer and Blood Test Challenges: DWI lawyers are well-versed in challenging the results of breathalyzer and blood tests, which are common forms of evidence in DWI cases. They can question the accuracy and reliability of these tests.

Alternative Sentencing Options: Depending on the circumstances of your case, a DWI lawyer can explore alternative sentencing options, such as diversion programs or rehabilitation, which may be more favorable than traditional penalties.

Field Sobriety Test Challenges

One of the primary areas where a DWI lawyer can be instrumental is in challenging the results of field sobriety tests. These tests are not foolproof and can be influenced by various factors, including medical conditions, fatigue, anxiety, or environmental conditions. Some common challenges to FST results include:

Lack of Standardization: Field sobriety tests must be administered according to standardized procedures. If the officer deviated from these guidelines, it can raise questions about the accuracy of the test results.

Inadequate Training: Officers conducting FSTs must be properly trained in their administration. If the officer lacks the necessary training or experience, it can cast doubt on the test’s reliability.

External Factors: Environmental conditions, such as uneven terrain, poor lighting, or adverse weather, can affect a driver’s performance on FSTs. These factors should be taken into account when evaluating the test results.

Medical Conditions: Certain medical conditions, injuries, or disabilities can impact a driver’s ability to perform FSTs, leading to a false appearance of impairment.

Nervousness and Anxiety: Being pulled over and subjected to FSTs can be an anxiety-inducing experience, causing nervousness and stress. These factors may result in a driver appearing impaired when they are not.


When facing a DWI charge and field sobriety tests are involved, it’s crucial to be informed about your rights and the potential challenges associated with these tests. Hiring a Criminal Defense Attorney with expertise in this field can significantly impact the outcome of your case. They will work to protect your rights, challenge the validity of the field sobriety tests, and explore legal strategies to minimize the consequences of a DWI conviction. Remember that your choice of legal representation can make a substantial difference in the outcome of your case, so it’s essential to consult with a qualified DWI attorney if you find yourself in such a situation.