Field Sobriety Tests Explained

Understanding the standardized field sobriety tests, their reliability, and your rights regarding roadside testing in Texas.

Important: Tests Are Voluntary

Field sobriety tests are voluntary in Texas. You can politely decline to perform them without legal penalty, and your refusal cannot be used against you in court.

Standardized Field Sobriety Tests (SFST)

The National Highway Traffic Safety Administration (NHTSA) has validated three standardized tests for detecting impairment. These are the only field sobriety tests with scientific backing.

1. Horizontal Gaze Nystagmus (HGN)
How It's Performed:
  • Officer holds stimulus (pen, finger) 12-15 inches from eyes
  • Moves stimulus horizontally left and right
  • Observes involuntary eye movements (nystagmus)
  • Checks both eyes separately
  • Takes 88 seconds when performed correctly
  • Three stages of testing per eye
What Officer Looks For:
  • Lack of smooth pursuit: Eyes don't track smoothly
  • Distinct nystagmus at maximum deviation: Jerking when eyes look far left/right
  • Onset of nystagmus prior to 45 degrees: Jerking starts before 45-degree angle
  • Maximum 6 clues total (3 per eye)
  • 4 or more clues indicates impairment
Reliability Issues:
  • Medical conditions can cause nystagmus
  • Medications may affect eye movements
  • Head injuries or neurological disorders
  • Eye fatigue from lights or stress
  • Officer training and certification requirements
2. Walk-and-Turn Test
Instructions Phase:
  • Stand heel-to-toe on imaginary line
  • Keep arms at sides during instructions
  • Listen to all instructions before starting
  • Must maintain position during instruction
  • Officer demonstrates proper technique
Walking Phase:
  • Take 9 heel-to-toe steps on line
  • Turn around using small choppy steps
  • Return 9 heel-to-toe steps
  • Count steps out loud
  • Watch feet while walking
  • Keep arms at sides
8 Clues of Impairment:
  1. Cannot keep balance during instructions
  2. Starts before instructions finished
  3. Stops while walking
  4. Does not touch heel-to-toe
  5. Steps off line
  6. Uses arms for balance
  7. Improper turn
  8. Wrong number of steps

Result: 2 or more clues indicates impairment (68% accuracy)

3. One-Leg Stand Test
How It's Performed:
  • Stand with feet together, arms at sides
  • Raise one foot approximately 6 inches off ground
  • Keep raised foot parallel to ground
  • Stare at raised foot
  • Count out loud: "one thousand one, one thousand two..."
  • Continue for 30 seconds
4 Clues of Impairment:
  1. Sways while balancing
  2. Uses arms for balance
  3. Hopping to maintain balance
  4. Puts foot down before 30 seconds

Result: 2 or more clues indicates impairment (65% accuracy)

Note: Test should not be given to people over 65, overweight by 50+ pounds, or with leg/back injuries.

Non-Standardized Field Tests

Not Scientifically Validated

These tests have no scientific backing and are often used to gather evidence rather than accurately detect impairment.

Common Non-Standardized Tests:
  • Alphabet test: Recite alphabet without singing
  • Counting backwards: Count from 100 to 1 by 7s
  • Finger-to-nose: Touch nose with fingertip
  • Finger counting: Touch fingers to thumb
  • Hand pat test: Pat hand with alternating sides
  • Romberg test: Stand with feet together, eyes closed
Problems with Non-Standardized Tests:
  • No scientific studies proving reliability
  • High failure rate even when sober
  • Nervousness affects performance
  • Educational level impacts results
  • Language barriers
  • Medical conditions interference

Factors Affecting Test Performance

Medical Conditions
  • Inner ear problems
  • Neurological disorders
  • Diabetes
  • Eye conditions
  • Back or leg injuries
  • Brain injuries
  • Vertigo or dizziness
  • Arthritis or joint problems
Environmental Factors
  • Uneven or slippery surfaces
  • Poor lighting conditions
  • Distracting traffic or noise
  • Weather conditions
  • Police car lights
  • Wind affecting balance
  • Temperature extremes
  • Debris on roadway
Physical Factors
  • Inappropriate footwear
  • Age (over 65)
  • Weight (50+ pounds overweight)
  • Fatigue
  • Stress and nervousness
  • Language barriers
  • Clothing restrictions
  • Recent physical activity

Test Reliability and Accuracy

NHTSA Claimed Accuracy Rates:
  • All three tests combined: 91% accuracy
  • HGN test alone: 77% accuracy
  • Walk-and-Turn alone: 68% accuracy
  • One-Leg Stand alone: 65% accuracy
Important Limitations:
  • Accuracy studies were conducted under ideal conditions
  • Laboratory settings don't reflect real-world conditions
  • Perfect administration required for claimed accuracy
  • Officer training must be current and properly maintained
  • False positives still occur 9-35% of the time

Your Rights Regarding Field Sobriety Tests

Voluntary Tests: You can politely decline field sobriety tests. Say "I respectfully decline to perform field sobriety tests." Your refusal cannot be used against you as evidence of guilt in Texas.

Inform Officer: If you have medical conditions affecting balance, coordination, or vision, inform the officer. You still have the right to refuse, and medical conditions can be used in your defense if arrested.

Reasonable Conditions: If you choose to take tests, you can request better lighting, level surface, or removal of distracting elements. Officer must provide reasonably safe conditions.

Note Procedures: If taking tests, observe whether officer follows proper procedures, gives correct instructions, and properly demonstrates. These details may be important for your defense.

Legal Challenges to Field Sobriety Test Evidence

Common Defense Strategies
  • Challenge officer training and certification
  • Question proper test administration
  • Highlight environmental factors
  • Present medical evidence
  • Attack reliability of non-standardized tests
  • Show clothing/footwear issues
  • Demonstrate nervousness factors
  • Expert witness testimony
Evidence Suppression
  • Improper administration procedures
  • Lack of officer certification
  • Unsafe testing conditions
  • Coercive tactics by officer
  • Failure to consider medical conditions
  • Use of non-standardized tests only
  • Video evidence contradicting officer
  • Violation of constitutional rights

Strategic Considerations

Should You Take Field Sobriety Tests?

This decision depends on your specific circumstances:

Consider Taking If:
  • You haven't been drinking
  • You feel completely sober
  • You have no medical conditions
  • Conditions are ideal (good lighting, level surface)
  • You're in good physical shape
  • You want to show cooperation
Consider Refusing If:
  • You've been drinking alcohol
  • You have medical conditions
  • You're wearing inappropriate shoes
  • Conditions are poor
  • You're nervous or fatigued
  • You're over 65 or significantly overweight
Remember:

Field sobriety tests are designed to gather evidence against you. Even sober people can fail these tests under stressful conditions.

Know Your Rights During Field Testing

Understanding field sobriety tests and your rights can help you make informed decisions during a traffic stop.

Get Attorney Referral Know Your Rights Guide