April 2, 2025 | DUI
Police officers use field sobriety tests (FSTs) during a DUI traffic stop. Officers use FSTs to gather evidence to support a DUI arrest. However, these tests are not always accurate because they are performed on the side of the road in uncontrolled situations by officers who may not be adequately trained.
If you are arrested for DUI in Indiana, it is crucial to understand your rights. A DUI conviction could result in severe DUI penalties. You may want to hire a DUI lawyer in Indianapolis to help with your defense.
What Are Standardized Field Sobriety Tests?
Standardized Field Sobriety Tests (SFSTs) are used by law enforcement officers to determine if someone is under the influence of alcohol and/or drugs. These tests measure a person’s mental and physical ability to operate a motor vehicle, including a person’s ability to multitask and focus. The tests measure a person’s coordination and balance.
The three standard field sobriety tests used at DUI stops are:
Walk-and-Turn Test
The officer instructs you to walk heel-to-toe in a straight line for nine steps. Then, you are to turn on one foot and follow the same path back while walking heel-to-toe.
The officer watches you for several signs that can indicate you are impaired, including:
- Using your arms to balance
- Being unable to maintain balance at any time during the test
- Forgetting the number of steps you took
- Not walking heel-to-toe
- Beginning too soon
- Turning incorrectly
- Stepping out of line
- Taking the incorrect number of steps
- Stopping while walking
The officer should give the test under safe conditions. There must be sufficient lighting, and the test should be performed on a level, dry surface. There should also be a line that the person can see and follow as they perform the test.
One-Leg Stand Test
The officer instructs you to stand with one foot six inches off the ground. You must count aloud by thousands for 30 seconds. For example, one-thousand-one, one-thousand-two, etc. The officer watches to see if you:
- Hop while trying to keep your foot off the ground
- Sway side-to-side or rock back and forth during the test
- Put your foot down before keeping it up for 30 seconds
- Using your arms to balance (i.e., raising your arms six or more inches from your side)
The test should be given in a well-lit area with a level, dry surface. A slippery surface could cause the person to lose their balance.
Horizontal Gaze Nystagmus (HGN) Test
The HGN test is often called an “eye test” during a DUI stop. The officer watches the movement of your eyes while you follow a stimulus, such as a penlight.
The purpose of the HGN is to note when your pupil begins to show involuntary jerking (i.e., nystagmus). If your pupil begins jerking before reaching a 45-degree angle, it indicates you could have a high BAC level. Officers also note whether nystagmus is present when the eye is moved as far as possible to the right or left and whether your eyes cannot follow an object smoothly.
The HGN test is one of the most difficult for officers to perform. They must be able to determine whether the eyes follow the object. The officer must also be able to detect nystagmus correctly.
Are Field Sobriety Tests an Accurate Measure of Intoxication?
Standardized Field Sobriety Tests (SFSTs) cannot accurately determine your blood alcohol concentration (BAC). They can only give signs that are associated with someone who is intoxicated. Numerous factors can make the results of SFSTs unreliable.
The NHTSA has standardized the tests to include specific instructions officers must give to people when performing the test. Incorrect or inadequate instructions could result in a person failing the test.
Other factors that could result in false “signs” of intoxication include but are not limited to:
- The testing area is unsuitable due to inadequate lighting, slippery surfaces, uneven ground, etc.
- The person has a mental or physical disability that negatively affects their ability to perform the test
- A medical condition may result in false “signs” of intoxication
- The person is elderly, overweight, or has problems with their feet or legs
- The officer distracts the person during the test
- Headlights from oncoming traffic and noise distract the person
- The officer does not time the test correctly, have the person take the correct number of steps, or test the eyes correctly
In Indiana, you can refuse to take field sobriety tests without penalty. It is usually in your best interest to decline to take the tests because they are unreliable. However, an officer may still arrest you for DUI even if you refuse the test.
Field sobriety tests should not be confused with chemical tests, including blood and breath tests. Refusing chemical tests could result in a suspended driver’s license under Indiana’s implied consent laws.
Contact the Indianapolis Criminal Defense Attorneys at Suhre & Associates DUI and Criminal Defense Lawyers For Help Today
For more information, contact the criminal defense attorneys at Suhre & Associates DUI and Criminal Defense Lawyers give us a call today at (317) 759-2599 or visit us at our Indianapolis law office.
Suhre & Associates DUI and Criminal Defense Lawyers – Indianapolis
101 W Ohio St #2000
Indianapolis, In 46204
(317) 759-2599