The Truth About Field Sobriety Tests
A field sobriety test consists of three pieces, which are conducted on the side of the road by law enforcement to evaluate whether you have signs of intoxication. From a defense attorney’s perspective, it’s never in your interest to take a field sobriety test. A field sobriety test is a tool that the government uses to try and show that you are, in fact, guilty of a DUI. Understanding what these tests are, how they work, and why refusing them is almost always in your best interest is crucial knowledge for anyone who drives in Oklahoma.
You should never take a field sobriety test on the side of the road. These tests are designed to show elements of intoxication or perceived expressions that law enforcement tries to show as intoxication. There are three parts to the field sobriety test. None of them are designed to help you. Every aspect of these tests is structured to give law enforcement evidence they can use against you in court.
The Three Components of Field Sobriety Tests
The field sobriety test consists of three different elements. There’s the walk and turn, there’s the horizontal gaze nystagmus test, and there is the one-leg stand. All of these tools allow law enforcement to evaluate every element of what you’re doing, what you say, how you look, and how you stand, and try to pick up clues or cues that they can write down to allege that you’re intoxicated.
And here’s why this matters: The field sobriety test is a tool for the government to show that you’re intoxicated, whether or not you actually are. These tests are subjective evaluations by law enforcement officers who have already decided they suspect you of DUI. They’re looking for evidence to confirm their suspicion, not evidence that might exonerate you.
Let’s break down each of the three standardized field sobriety tests and understand why they’re problematic even for completely sober individuals.
The Walk and Turn Test
The walk and turn test requires you to walk heel-to-toe along a straight line, turn in a specific manner, and walk back the same way. Law enforcement is watching for multiple “clues” of intoxication, including starting before instructions are complete, losing balance during instructions, stopping while walking, not touching heel-to-toe, stepping off the line, using arms for balance, making an improper turn, or taking the wrong number of steps.
The problem with this test is that many completely sober people struggle with it due to factors having nothing to do with intoxication. Physical conditions like injuries, disabilities, or simply poor balance can cause someone to fail this test. Age, weight, and footwear all affect performance. Uneven road surfaces, poor lighting, traffic noise, and weather conditions make the test even more difficult. Nervousness about being pulled over and evaluated by law enforcement can also affect coordination and balance.
Despite all these variables, law enforcement officers are trained to interpret any deviation from perfect performance as evidence of intoxication. The officer conducting the test has complete discretion in determining whether you “passed” or “failed,” and their conclusion will be documented in their report and potentially used against you in court.
The Horizontal Gaze Nystagmus Test
The horizontal gaze nystagmus (HGN) test involves an officer holding a pen or small object and asking you to follow it with your eyes as they move it from side to side. They’re looking for involuntary jerking of your eyes, which can be associated with alcohol consumption. Law enforcement officers are trained to look for the lack of smooth pursuit, distinct nystagmus at maximum deviation, and the onset of nystagmus prior to 45 degrees.
The HGN test is particularly problematic because the person being tested cannot see what their own eyes are doing and has no way to control the involuntary eye movements being evaluated. You have no way of knowing whether you’re “passing” or “failing” the test as it’s being conducted. Additionally, numerous medical conditions, medications, and even fatigue can cause nystagmus that has nothing to do with alcohol consumption.
The reliability of this test depends entirely on the officer’s training and ability to properly conduct and interpret the test. Many officers receive only minimal training in conducting HGN tests, and the subjective nature of the evaluation leaves significant room for error or bias. Defense attorneys frequently challenge HGN test results by questioning the officer’s training, the conditions under which the test was conducted, and whether other factors could explain the observed eye movements.
The One Leg Stand Test
The one leg stand test requires you to stand with one foot approximately six inches off the ground and count aloud for about 30 seconds. Law enforcement watches for swaying while balancing, using arms for balance, hopping to maintain balance, and putting the foot down before the test is complete.
Like the walk and turn test, the one-leg stand test can be difficult for completely sober individuals, especially those with physical limitations, balance issues, or who are overweight or elderly. The test becomes even more challenging when conducted on an uneven surface, in poor weather conditions, or while wearing inappropriate footwear. The stress and nervousness of a traffic stop situation can also affect performance.
Again, the officer has complete discretion in determining whether your performance indicates intoxication, and any mistakes or difficulties will be documented as evidence against you.
Why Field Sobriety Tests Are Not Mandatory
Many people don’t realize that field sobriety tests are voluntary. Law enforcement officers may phrase their request in a way that makes the tests sound mandatory, but you have the right to refuse them. Unlike chemical tests (breath or blood tests), which have legal consequences for refusal under Oklahoma’s implied consent law, there is no legal penalty for refusing to perform field sobriety tests.
The reason it’s almost always in your best interest to refuse field sobriety tests is simple: they can only hurt you, never help you. Even if you perform perfectly on all three tests, the officer can still arrest you for DUI based on other observations. But if you perform poorly on any aspect of the tests, that performance will be documented and used as evidence against you.
Field sobriety tests are essentially evidence-gathering tools for the prosecution. The officer who asks you to perform these tests has already decided they suspect you of DUI. They’re not conducting these tests to determine whether you’re safe to drive home; they’re conducting them to gather evidence for your arrest and prosecution.
The Subjective Nature of Field Sobriety Tests
One of the biggest problems with field sobriety tests is their inherently subjective nature. While law enforcement officers receive training in standardized procedures for administering these tests, the interpretation of results relies heavily on the officer’s judgment. Two different officers watching the same person perform field sobriety tests might reach different conclusions about whether the person is intoxicated.
This subjectivity becomes particularly problematic in court. The officer who conducted your field sobriety tests will testify about their observations and conclusions, but their testimony is filtered through their own perceptions and biases. Defense attorneys can challenge this testimony by highlighting inconsistencies, questioning the officer’s training and experience, and presenting alternative explanations for the observed behavior.
In all cases, especially DUIs, knowledge is power. When working with a DUI client, experienced attorneys try to find out everything they can about the case. It’s not necessarily what happened, but what they can prove. Everything gets evaluated from the police report, the dash cam video, body cam video, the science, the reports, everything in the government’s case, working with an on-staff investigator to help build your defense.
What To Do Instead of Taking Field Sobriety Tests
If you’re pulled over and an officer asks you to perform field sobriety tests, you should politely but firmly decline. You can simply say, “I respectfully decline to perform field sobriety tests.” You don’t need to provide an explanation or justification for your refusal.
The officer may still arrest you for DUI based on other observations, such as the odor of alcohol, your demeanor, or your responses to questions. However, by refusing field sobriety tests, you avoid giving the prosecution additional evidence to use against you. Your defense attorney will have a much easier time challenging the officer’s subjective observations about your behavior than challenging documented performance on standardized tests.
It’s important to remain polite and cooperative in all other respects during the traffic stop. Refusing field sobriety tests is your legal right, but becoming argumentative or confrontational will only make the situation worse and can be used against you as evidence of intoxication or consciousness of guilt.
Building Your Defense
If you’ve already taken field sobriety tests and been arrested for DUI, all is not lost. An experienced DUI defense attorney can challenge the administration and interpretation of these tests in numerous ways. Was the officer properly trained? Were the tests conducted according to standardized procedures? Were environmental factors present that could have affected your performance? Did you have physical limitations that would explain your performance?
At Cannon & Associates, every aspect of clients’ field sobriety tests gets thoroughly investigated, often finding significant problems with how they were conducted or interpreted. Dash cam and body cam footage can be particularly valuable in showing that the officer’s written report doesn’t accurately reflect what actually happened during the tests.
Remember that a DUI case is a unique animal because it has science, it has facts, it has evidence, and it has the law, and all of them are at play at the same time. Field sobriety tests are just one piece of the puzzle, and problems with these tests can be a key component of your defense strategy.
Protecting Your Rights
Understanding your rights during a traffic stop and DUI investigation is essential. You have the right to remain silent beyond providing basic identification information. You have the right to refuse field sobriety tests. You have the right to request an attorney before answering questions. Exercising these rights is not an admission of guilt; it’s simply protecting yourself from self-incrimination.
This overview of field sobriety tests provides helpful information for anyone facing DUI charges in Oklahoma. If you have questions about DUI defense, reach out today for a free case strategy session and get answers to your DUI questions now.