Whether you’ve only seen one second-hand in TV or movies, or have had to undergo one personally, just about everyone is familiar with the concept of a field sobriety test.
However, while law enforcement would like you to think their field sobriety testing tools are infallible, there are several myths and misconceptions surrounding FSTs that the general public may not be aware of.
Keep reading to learn more about some of the most common myths and misconceptions surrounding field sobriety tests.
Types Of Field Sobriety Tests (FSTs)
Field Sobriety Tests (FSTs) are a series of physical and mental exercises administered by police officers to determine if a person suspected of impaired driving is intoxicated with alcohol or other drugs. These tests can be categorized into four general categories: balance tests, coordination tests, mental agility tests, and eye tests.
Balance Tests
These tests assess a suspect's ability to maintain balance while performing specific tasks. The most common balance tests include:
- Walk-and-Turn Test (WAT): The individual is directed to take nine heel-to-toe steps along a straight line, count them out loud, and keep their arms at their side.
- One-Leg Stand Test (OLS): The suspect is asked to stand on one leg while counting aloud for a specified period.
- Romberg Balance Test: This test involves standing with feet together, head tilted back, and eyes closed while estimating the passage of 30 seconds.
Coordination Tests
These tests evaluate a suspect's ability to perform physical and mental coordination tasks. Examples of coordination tests include:
- Finger-to-Nose Test: The individual is instructed to touch their nose with their fingertip while keeping their eyes closed.
- Finger Tap Test: The suspect is asked to tap their fingers together in a specific pattern.
- Hand Pat Test: The individual is required to pat their hands together, alternating between the palm and back of the hand.
Mental Agility Tests
These tests assess a suspect's cognitive abilities by focusing on tasks requiring divided attention.
One example is the Reciting the Alphabet test, where the individual is asked to recite the alphabet either forwards or backward. Another example is the Counting Backwards test, where the suspect is instructed to count backward from a specific number.
Both are divided-attention exercises. They ask you to think and speak at once, which is where an officer watches for a lapse.
Eye Tests
These tests evaluate eye movements and reactions to stimuli. The most common is the Horizontal Gaze Nystagmus test (HGN), in which the officer watches the suspect's eyes track a moving object such as a pen or a flashlight.
Florida law treats HGN differently from every other exercise on this page. In State v. Meador, 674 So. 2d 826 (Fla. 4th DCA 1996), the court held that HGN is scientific evidence rather than a lay observation, and that HGN results stay out unless the state satisfies the traditional predicates for scientific evidence. The walking, standing, and finger-to-nose exercises come in as lay observations of how a person performed, and Meador held that even those results may not be characterized in a way that unduly emphasizes their significance.
Common Field Sobriety Tests Myths
There are plenty of myths and misconceptions about field sobriety testing. While we would never suggest breaking the law or lying to law enforcement, it is important for every citizen to know their rights.
Field Sobriety Tests Are Always Accurate
There is no score on a field sobriety exercise, only an officer's opinion of how you did. That opinion can be wrong for reasons that have nothing to do with alcohol.
Numerous factors unrelated to alcohol or drug use can affect an individual's performance on these tests, potentially leading to false-positive results. What could be interpreted as intoxication may be a person’s uncontrollable inability to pass these tests successfully.
Physical disabilities or medical conditions can affect a person's ability to maintain balance or demonstrate coordination during the FST. Conditions such as inner ear disorders, neurological problems, or musculoskeletal problems can affect a person's performance even if they aren't under the influence.
Field Sobriety Tests Are Mandatory
Contrary to popular belief, FSTs are voluntary, and individuals have the legal right to decline participation without facing criminal charges.
However, refusing an FST can still result in an arrest based on the officer's suspicion of impaired driving. The officer may rely on other observed evidence to support their suspicions, such as erratic driving, slurred speech, or the smell of alcohol on the driver's breath.
While your refusal to take an FST is not direct evidence of guilt, it can be weighed with everything else the officer observed as probable cause for an arrest.
Do not confuse the roadside exercises with the breath test at the station. Florida's implied consent law, Florida Statute 316.1932, covers breath, blood, and urine testing after a lawful arrest, not field sobriety exercises. Refusing a lawful breath or urine test suspends your license for one year on a first refusal and 18 months if your license was already suspended, or you were fined under the boating statute (Florida Statute 327.35215), for an earlier refusal. Since chapter 2025-121 took effect on October 1, 2025, a first refusal is also a crime: under Florida Statute 316.1939 a first refusal is a second-degree misdemeanor, and a later refusal is a first-degree misdemeanor when your license was already suspended, or you were fined under the boating statute, for refusing a breath, urine, or blood test, and the officer told you that refusing again would be a first-degree misdemeanor.
Only Alcohol Affects FST Results
FSTs are designed to assess a person's ability to drive when impaired by not only alcohol but also drugs and prescription medications.
The tests can respond to the effects of substances other than alcohol, such as marijuana, opioids, or benzodiazepines, which can impair a person's balance, coordination, and cognitive functions.
A driver under the influence of marijuana may exhibit slowed reaction time and difficulty concentrating. On the other hand, someone impaired by opioids or benzodiazepines may exhibit poor balance and coordination.
External Factors Can’t Affect FST Results
External factors may influence an FST’s results since these tests are designed to assess a person's balance, coordination, and cognitive abilities. However, several external factors can also affect a person's performance, making it difficult to determine the actual cause of impairment.
Here are some external factors that may impact a person’s ability to complete an FST successfully:
- Environmental conditions such as uneven or slippery surfaces, poor lighting, and adverse weather conditions can make it difficult for even a sober person to perform well on a test.
- Distractions, such as flashing lights from a police vehicle, passing traffic, or onlookers, may interfere with an individual's ability to focus on the tasks required during an FST.
- How an officer explains and demonstrates the FST can also affect results. If the instructions are unclear or the demonstration is confusing, the individual may not fully understand what is expected of them, resulting in poor performance on the test.
- An officer’s interpretation can lead to inconsistencies in administration and scoring. Different officers may score the same performance differently, and factors such as the officer's experience, training, or preconceived notions about the driver may unintentionally influence the test results.
Challenging Field Sobriety Test Results
If you believe your field sobriety test results were misread, or that you were wrongfully charged with a DUI, talk to a defense lawyer. These are the arguments a Florida DUI attorney commonly raises against FST evidence:
- They can argue that the officer misinterpreted your actions or failed to consider external factors, such as weather or road conditions, that could have affected your test performance.
- Inconsistencies in the officer's report or testimony can be pointed out, highlighting potential biases or inaccuracies in assessing your performance.
- Your attorney can present evidence or expert testimony to support the argument that certain medical conditions, fatigue, or even nervousness could have contributed to your performance on the FST rather than intoxication.
By challenging the officer's observations and considering all possible factors, your attorney can help create reasonable doubt regarding the reliability of the FST results and strengthen your defense.
Don’t Fight Your DUI Alone, Call Weinstein Legal Team Now
A DUI charge is frightening, and you do not have to handle it alone. An attorney who knows how these exercises are supposed to be administered and scored can test whether the officer followed the protocol, and whether the results should reach a jury at all.
Call Weinstein Legal Team today at (888) 626-1108, or click here to schedule a free consultation with an experienced DUI attorney near you.
