What You Need to Know About Field Sobriety Tests and How to Challenge Them  

Getting pulled over and asked to perform a field sobriety test can be nerve-wracking. Many drivers aren’t sure what their rights are or how their performance on these tests might impact their future.

At The Bellinger Law Office, we’ve seen how such situations can lead to serious consequences, particularly when drivers don’t fully understand the process or their legal options. With nearly two decades of experience, we’re here to provide the information you need to protect yourself. Let’s explore what field sobriety tests are, how they work, and how you can challenge them effectively.  

What Are Field Sobriety Tests?

Field Sobriety Tests (FSTs) are standardized evaluations officers use to test if a driver is under the influence. These tests focus on assessing a person’s balance, coordination, and ability to follow instructions—skills that impairment can affect. The National Highway Traffic Safety Administration (NHTSA) has standardized three primary FSTs for officers to use during traffic stops.  

Common Types of Field Sobriety Tests

1. Horizontal Gaze Nystagmus (HGN)  

• How it works: You’ll be asked to follow an object, like a pen or flashlight, with your eyes while keeping your head still. The officer watches for involuntary jerking of the eyes, which becomes more pronounced when someone is intoxicated.  
• What they’re looking for: Difficulty tracking the object, jerking movements, and other signs of impairment.  

2. Walk-and-Turn (WAT)  

• How it works: You’ll be instructed to walk heel-to-toe in a straight line for nine steps, turn on one foot, and return the same way.  
• What they’re looking for: Signs like losing balance, stepping off the line, using arms for support, or not following instructions.  

3. One-Leg Stand (OLS)  

• How it works: You’ll need to stand on one leg while counting aloud until directed to stop (usually around 30 seconds).  
• What they’re looking for: Swaying, using arms for balance, hopping, or putting your foot down prematurely.  

Non-Standardized Tests  

Some officers may also ask you to recite the alphabet, count backward, or touch your nose with your finger. These tests aren’t standardized and are generally considered less reliable.  

Are Field Sobriety Tests Reliable?

While FSTs are commonly used, their reliability is often questioned. Here’s what you need to know about the accuracy of these tests and the factors that can affect their results.  

Scientific and Legal Validity

According to NHTSA statistics, even the standardized tests aren’t foolproof. At best, they are accurate about 65–77% of the time in identifying impairment when conducted under optimal conditions. That means nearly 1 in 4 sober drivers may fail.  

Factors That Can Affect Test Results

Several variables can impact how well someone performs on these tests, even if they haven’t consumed drugs or alcohol. These include:  

• Environmental conditions like uneven surfaces, poor lighting, or weather (e.g., rain or wind).  
• Individual health factors, including medical conditions, age, weight, or balance issues.  
• Nervousness or anxiety during the stop which might make it harder to focus or follow instructions.  
• Footwear, such as heels or sandals, can make balancing difficult.  

Understanding these factors is essential when judging the accuracy and fairness of any test result.  

Your Rights During Field Sobriety Tests

The uncertainty and pressure during a police stop can feel overwhelming, but knowing and exercising your legal rights is critical.  

Can You Refuse a Field Sobriety Test?

Yes, you can. Field sobriety tests are voluntary in most states, including Indiana. Officers often fail to mention this, leaving drivers unaware they can politely decline. However, refusing may still cause the officer to proceed with further testing or an arrest, depending on their observations. Chemical testing can also be refused, but doing so may result in your license being suspended under implied consent laws.

How to Challenge Field Sobriety Tests

If you find yourself subjected to FSTs, knowing how to challenge them could be key to protecting your rights. Here’s how you can do so effectively:  

1. Stay Respectful and Calm  

Refuse the test politely if you’re uncomfortable, or ensure you follow instructions as closely as possible while staying calm. Arguing could escalate the situation unnecessarily.  

2. Document Everything You Can  

Make a mental note—or record where legal—of the conditions of the stop. Was the surface uneven? Was the area well-lit? Any detail could support your case later.  

3. Highlight Errors or Irregularities  

An experienced attorney can challenge the results by questioning factors like the officer’s training, how they administered the test, and whether conditions were ideal for a fair evaluation.  

4. Consult Legal Counsel Immediately  

If you are charged with a DUI or related offense, consult with a criminal defense attorney familiar with DUI laws and FST challenges.  

Protect Yourself with The Right Support

Field sobriety tests might feel like a no-win situation, but knowing your rights and how to challenge them can completely shift your outcome. From understanding test limitations to knowing how to push back, taking the right steps during and after a stop can make all the difference.  

If you’ve recently faced field sobriety tests or DUI charges, don’t face the legal system alone. For compassionate, experienced representation, contact The Bellinger Law Office today. Schedule a consultation and take the first step toward protecting your rights.