Field Sobriety Tests in Indiana: How They Work and When to Challenge Them

Imagine you're driving home after dinner when suddenly, flashing red and blue lights appear in your rearview mirror. The officer asks you to step out of the car and perform a series of balance and coordination tests—this is known as a Field Sobriety Test (FST).

Field Sobriety Tests are commonly used by Indiana law enforcement to determine whether a driver is under the influence of alcohol or drugs. However, these tests are highly subjective and often lead to wrongful DUI/OWI arrests.

📌 Understanding how these tests work and when to challenge them can be crucial in fighting DUI charges in Indiana.

📞 Charged with DUI? Contact Vining Legal LLC at (317) 759-3225 or schedule a free consultation today.

Understanding Field Sobriety Tests in Indiana

A. Standardized Field Sobriety Tests (SFSTs)

The National Highway Traffic Safety Administration (NHTSA) has developed three standardized Field Sobriety Tests:

  1. Horizontal Gaze Nystagmus (HGN) Test

    • The officer moves a small object (like a pen or flashlight) from side to side.

    • They look for involuntary jerking of the eyes, which can be a sign of intoxication.

  2. Walk-and-Turn Test

    • The driver walks heel-to-toe in a straight line, turns, and walks back.

    • Officers look for balance issues, incorrect steps, or failure to follow instructions.

  3. One-Leg Stand Test

    • The driver stands on one leg and counts aloud.

    • Swaying, hopping, or using arms for balance can be seen as signs of intoxication.

B. Non-Standardized Field Sobriety Tests

Some officers may use non-standardized tests, which are less reliable and not backed by NHTSA:

  • Romberg Balance Test (standing still with eyes closed)

  • Finger-to-Nose Test

  • Counting Backward Test

📌 Since these tests lack scientific validation, they can often be challenged in court.

C. The Role of Officer Discretion

Field Sobriety Tests rely heavily on officer judgment, meaning:
Personal bias can influence results.
Environmental factors (bad weather, uneven roads) are not always considered.
Even sober drivers can fail due to nerves or medical conditions.

Factors That Can Affect Field Sobriety Test Results

A. Medical Conditions

  • Inner ear disorders can affect balance.

  • Neurological issues can cause involuntary eye movements (mimicking intoxication).

  • Back, leg, or foot injuries can make walking difficult.

📌 If you have a medical condition that affected your test performance, you may be able to challenge the results.

B. Environmental Factors

  • Uneven road surfaces can cause balance issues.

  • Poor lighting can make it difficult to follow instructions.

  • Cold weather or rain can affect coordination.

📌 If environmental factors made the test unfair, this could be used as a defense.

C. Officer Error

  • Improper test instructions

  • Not considering medical conditions

  • Failing to follow NHTSA protocols

📌 If an officer improperly administered the test, your results may be invalid.

When to Challenge Field Sobriety Tests

A. Lack of Probable Cause

If the initial traffic stop was illegal, all evidence—including FST results—could be thrown out.

B. Improper Test Administration

Officers must follow strict guidelines. Any failure in proper administration can weaken the prosecution’s case.

C. Medical or Physical Limitations

Drivers with medical conditions or injuries may not be able to perform FSTs correctly.

D. Challenging the Reliability of Non-Standardized Tests

Non-standardized FSTs lack scientific backing and may not be admissible in court.

📌 An experienced DUI attorney can analyze the details of your case to identify weaknesses in the prosecution’s evidence.

Legal Strategies and Defense Options

A. The Importance of Legal Representation

An attorney can challenge the reliability of FSTs.
They can file motions to suppress improperly gathered evidence.
They can negotiate for reduced or dismissed charges.

B. Gathering Evidence to Support Your Case

Requesting police body cam footage
Obtaining medical records
Gathering witness testimony

📌 Having strong evidence can help challenge the results of the field sobriety test.

C. Challenging Officer Testimony

Questioning the officer’s training and experience
Exposing inconsistencies in their report
Highlighting environmental or medical factors that impacted the test

Conclusion: Protect Your Rights After a DUI Arrest

🚨 Field Sobriety Tests are not foolproof—they rely on officer discretion, environmental factors, and subjective observations. Many drivers fail these tests even when sober.

📌 If you’ve been arrested for DUI in Indiana, don’t assume that a failed field sobriety test means automatic conviction. You have legal options.

📞 Need to challenge a field sobriety test? Contact Vining Legal LLC at (317) 759-3225 or schedule a free consultation today!

 

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