When you see those blue lights in your rearview mirror and get pulled over for suspected OUI, there’s a good chance you’ll be asked to perform field sobriety tests. You might touch your nose, walk a straight line, or stand on one leg while an officer watches and takes notes.
Here’s what most people don’t realize: these tests aren’t nearly as scientific or objective as they seem.
The Standardized Field Sobriety Tests
The National Highway Traffic Safety Administration endorses three “standardized” field sobriety tests: the Horizontal Gaze Nystagmus (following a pen with your eyes), the Walk-and-Turn test, and the One-Leg Stand test. These tests were developed through studies attempting to correlate certain physical behaviors with intoxication.
But the word “standardized” is misleading. These tests only work if administered exactly according to the standardization guidelines. An officer who doesn’t follow the precise instructions invalidates the results. Yet studies show that officers frequently deviate from proper procedures, either because they don’t remember the exact protocol or because roadside conditions make it impossible to follow.
The Horizontal Gaze Nystagmus Test
This is where you follow a pen or light with your eyes while the officer looks for involuntary jerking movements. Alcohol can cause this nystagmus at certain angles, and the test is supposed to estimate your BAC based on when the jerking begins.
The problem? Many conditions cause nystagmus that have nothing to do with alcohol: certain medications, inner ear problems, neurological conditions, even caffeine or nicotine. The officer administering the test usually isn’t a medical professional and can’t distinguish between alcohol-induced nystagmus and nystagmus from other causes. This test is generally not admissible in court because the officers are not qualified experts to interpret the movements of the eye
The Walk-and-Turn Test
This test requires you to walk heel-to-toe along a straight line, turn, and walk back. The officer watches for eight indicators of impairment: starting too soon, not touching heel-to-toe, stepping off the line, using arms for balance, improper turning, taking the wrong number of steps, stopping while walking, and failing to follow instructions.
Sounds simple, right? Now imagine doing it on the side of a highway at night, with traffic rushing past, on uneven pavement, possibly in bad weather, while anxious and stressed about being arrested. Are you really being tested for intoxication, or are you being tested on your ability to perform an awkward, unnatural task under pressure?
Physical conditions matter too. Back problems, knee injuries, inner ear issues, and even being overweight affect your ability to perform these tests. So does age—balance naturally declines as we get older. None of this has anything to do with alcohol consumption.
The One-Leg Stand Test
For this test, you stand on one leg, keep the other foot about six inches off the ground, and count out loud for about 30 seconds. The officer looks for four indicators: swaying, using arms for balance, hopping, and putting your foot down.
Again, this sounds objective until you consider the conditions. How many people can easily stand on one leg for 30 seconds even under perfect conditions? Now add stress, darkness, uneven ground, and physical conditions that affect balance.
The Subjective Nature of “Failing”
Here’s the real issue: what constitutes “failing” these tests is largely subjective. Yes, there are scoring systems, but in practice, the officer is making judgment calls about your performance. Did you sway too much? Define “too much.” Did you use your arms for balance “excessively”? What counts as excessive?
Research shows that officers often disagree with each other about whether a suspect passed or failed field sobriety tests. If trained professionals can’t agree on the results, how objective can these tests really be?
You Can Refuse Field Sobriety Tests
Many people don’t know this: you’re not legally required to perform field sobriety tests in Massachusetts. Unlike the breath test, refusing field sobriety tests doesn’t trigger automatic license suspension.
That said, refusal has consequences. The officer can still arrest you based on other observations, and the refusal itself might be mentioned at trial. But you’re not providing the prosecution with additional evidence of impairment.
Challenging Field Sobriety Evidence
If you did perform field sobriety tests, all is not lost. An experienced OUI attorney can challenge these results in multiple ways: showing the officer didn’t follow proper procedures, demonstrating that roadside conditions made the tests unreliable, presenting medical evidence of conditions that affect performance, or simply highlighting the subjective nature of the officer’s scoring.
Field sobriety tests might look scientific, but they’re far from infallible. Understanding their limitations is crucial for anyone facing OUI charges.
Contact Milligan & Higgins for a free consultation or second opinion. Please send us an email: Intake@milliganhiggins.com or call 781-878-1231.
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