What are Field Sobriety Tests and Are They Legal?

Seeing flashing lights in your rearview mirror is stressful for anyone. If an officer suspects you of driving under the influence (DUI), they may ask you to step out of the vehicle to perform a series of physical and cognitive exercises. These are known as field sobriety tests (FSTs).

Understanding what these tests are and your rights regarding them is crucial if you find yourself in this situation. At Jacobs & Dow, LLC, we believe that informed drivers are better equipped to protect their rights during traffic stops.

What are Field Sobriety Tests?

Field sobriety tests are preliminary roadside evaluations used by law enforcement officers to determine if a driver is impaired by alcohol or drugs. It is important to clarify that the primary goal of these tests is not to prove guilt beyond a reasonable doubt at the roadside. Instead, their purpose is to help the officer establish “probable cause” — the legal standard required to make a DUI arrest.

Officers use these tests to assess a driver’s balance, coordination, and ability to divide their attention between listening to instructions and performing physical tasks. Poor performance on these tests is often used as evidence to justify an arrest and later as evidence in court.

Types of Standardized Field Sobriety Tests

The National Highway Traffic Safety Administration (NHTSA) has standardized three specific tests that are widely used across the United States. When administered correctly, these tests are considered reliable indicators of impairment.

1. Horizontal Gaze Nystagmus (HGN)

Nystagmus is an involuntary jerking of the eye that can occur when looking to the side. While this happens naturally to some degree, it becomes much more pronounced when a person is intoxicated. 

During the HGN test, an officer will ask you to follow a stimulus — usually a pen or small flashlight — with your eyes while keeping your head still. They are looking for a lack of smooth pursuit (jerky eye movement) or distinct jerking when the eye is held at maximum deviation.

2. Walk-and-Turn

This test divides the driver’s attention between mental and physical tasks. You are typically instructed to take nine heel-to-toe steps along a straight line, turn in a specific manner, and take nine heel-to-toe steps back. 

Officers watch for specific clues of impairment, such as inability to keep balance while listening to instructions, starting before the instructions are finished, stopping while walking, or failing to touch heel-to-toe.

3. One-Leg Stand

In this test, the driver must stand with one foot approximately six inches off the ground and count aloud by thousands (e.g., “one-thousand-one, one-thousand-two”) until told to stop. This usually lasts for 30 seconds. The officer looks for four specific indicators: swaying while balancing, using arms to balance, hopping to maintain balance, or putting the foot down.

Officers may sometimes use non-standardized tests, such as touching your finger to your nose or reciting the alphabet backwards, though these carry less scientific weight in court.

Legality of Field Sobriety Tests

A common question drivers have is about the legality of field sobriety tests. In general, it is legal for a police officer to ask you to perform these tests if they have a reasonable suspicion of impairment. However, in Connecticut (and many other states), these tests are typically voluntary.

This means you generally have the right to politely refuse to take them. Unlike chemical tests (breathalyzer or blood tests), which are often governed by “implied consent” laws that carry automatic penalties for refusal, refusing FSTs usually does not result in an automatic license suspension or separate traffic infraction.

However, refusal is not without consequence. If you refuse, the officer may still arrest you if they believe they already have enough other evidence of impairment (such as the smell of alcohol, slurred speech, or erratic driving).

Challenges to FST Results

It is vital to remember that field sobriety tests are subjective evaluations made by the officer. They are not foolproof scientific experiments. Several factors can lead to poor performance unrelated to intoxication, including:

• Officer Error: If the officer deviates from the strict NHTSA guidelines when giving instructions or scoring the test, the results may be invalid.
• Physical Conditions: Injuries, age, weight, or neurological issues can make balancing on one leg or walking heel-to-toe difficult for sober individuals.
• Environmental Factors: Uneven pavement, poor lighting, flashing patrol lights, or windy weather can affect performance.
• Nervousness: Anxiety during a police encounter can cause anyone to lose focus or coordination.

Because of these variables, FST results can often be successfully challenged in court by an experienced attorney.

Protecting Your Rights in Connecticut

Field sobriety tests are powerful tools for law enforcement, but they are not irrefutable proof of guilt. They are subjective assessments that can be influenced by a myriad of factors. Understanding that you have the right to refuse these roadside gymnastics is the first step in protecting yourself.

If you have been charged with a DUI in Connecticut, do not assume a failed field sobriety test means a guaranteed conviction. You need legal representation that understands the nuances of these tests and how to challenge them. Contact Jacobs & Dow, LLC today to discuss your case and learn how we can help protect your future.