What are the three standardized field sobriety tests?

The three standardized tests approved by the NHTSA are the Horizontal Gaze Nystagmus (HGN), Walk-and-Turn, and One-Leg Stand tests.

Can environmental factors affect field sobriety tests?

Yes, factors such as uneven road surfaces, poor lighting, and bad weather conditions can impact test results.

Can medical conditions cause a failed field sobriety test?

Yes, medical conditions such as inner ear disorders, neurological impairments, and past injuries can make passing these tests difficult.

How can I challenge a field sobriety test in Indiana?

A DUI attorney can challenge field sobriety tests by questioning officer training, highlighting environmental factors, and presenting medical evidence that affected test performance.

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

Criminal Defense

Mar 16

Written By Nathan Vining

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:

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.
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.
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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