The field sobriety test is purely subjective, and the result can only be pass or fail. Reasonable people will differ on what the result of the test.

Answer Applies to: California
Replied: 11/9/2011

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That is the question that must be asked of the cop on the stand to show the jury how ludicrous his basis for arrest is. It is a very subjective set of tests. (For the record, most DUI Defense Lawyers refer to them as exercises, FSEs not tests). The officers will always say they aren't passing you or failing you, they are 'looking for CLUES'. There are two kinds of FSEs: Standard and non-standard. Standard FSEs are those that have been shown to have some correlation to being under the influence in a NHTSA (National Highway Traffic Safety Administration) non-peer reviewed study. The Standard FSEs are: the Horizontal Gaze Nystagmus (HGN); the Walk and Turn; One Leg Stand; and, the Romberg Balance. The non-standard tests include; touching your nose with your finger; touching your thumb with your finger; or, reciting the alphabet (backwards or forwards, start with 'Q'). Horizontal gaze nystagmus is the test where the cop holds the pencil or his finger 12-15 inches from your face level with your eyes and moves the pencil side to side. The cop will say they are looking for 6 'clues' in this test, 3 in each eye: equal pupil size, lack of smooth pursuit, and nystagmus (jerking) of the eye at the extremes. There are really about 20 things they are looking for, including failing to follow instructions and swaying from side to side. Exhibiting any 'clue' can be used in determining you are under the influence. 50% of the population has nystagmus at the extremes when sober. There are dozens of things other than alcohol that cause nystagmus, including it being late at night. (Hint: most DUI stops are late at night.) In the Walk and Turn test you walk 9 steps up, execute a complicated turn and walk nine steps back. Not standing with your left foot in front of right, missing toe with heel (more than 2"), not turning around with small steps, and loosing balance are all 'clues' that you are under the influence. You are not given the grading criteria during the instruction phase. Most people can't do this sober. People with balance, leg or foot problems cannot usually do this. In the One Leg Stand the cop instructs you to raise your leg and count until he says stop. There are 18 'clues' the officer is looking for. Mostly he is seeing whether you are able to keep your balance past 25 seconds. In this test you are instructed that if you put your foot down, just to pick it up and keep going. One of the 'clues' that will be held against you is putting your foot down. In the Romberg the cop instructs you to close your eyes and tilt your head back, count silently in your head and estimate 30 seconds. There are 18 'clues' the cop is looking for here. Mostly they want to see whether your time sense is affected by being under the influence. They will judge you on how close to 30 seconds your estimation is. The instructions say that if you are within 10 seconds +/- you pass. The non-standard tests are even more absurd. The bottom line is: If you are stopped by the cops, and if the cops ask you to perform these exercises, politely decline to do the FSEs UNLESS you have not had anything to drink at all OR you are on DUI probation. The results can only hurt you.

Answer Applies to: California
Replied: 11/8/2011

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Technically there is no pass or fail line associated with the field sobriety tests, FSTs. The tests provide an indication of impairment which the officer uses along with any other factors to make a determination regarding an arrest. When the Officer indicated you "failed" it was nothing more than he determined you were impaired and he was going to arrest you. The other factors would be items such as: the reason for the stop, objective signs, and admissions. The stop could support impairment, such as weaving in lanes, or provide no direct indication, such as a burned out tail light. The objective signs would be the odor of alcohol, slurred speech, or red eyes. Admissions would typically be a statement that alcohol was consumed. You mentioned that you felt you had done well on the FSTs. However, for some tests you would have no idea regarding your performance. One of the usual tests is to stand with one leg lifted off the ground, tilt head back, and silently count to 30. While you might nail the time perfectly, the observation of how much you lean back and forth that the Officer is really making note. Often an Officer will determine a suspect has "failed" the FSTs only to get a result of 0.04 BAC on the breath test. A result of 0.04 is considered below the threshold for impairment. So it really does not matter how well you did on the FSTs, typically there is no record of the tests, it only matters how the Officer describes those results.

Answer Applies to: California
Replied: 11/8/2011

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The SFSTs are designed for failure. They only take 2 clues to fail. So, just because you technically failed, doesn't mean you don't look great out there.

Answer Applies to: Texas
Replied: 11/8/2011

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The field sobriety tests are incredibly subjective and are designed to make everyone fail. Thus, it is rare that the police will admit that somebody passed the field sobriety tests. below is a blog that I wrote a while back about FST's that may help: Field Sobriety tests An officer on the street is always on the lookout for driving under the influence. The officer is typically looking for signs of intoxication from the driver. The first things that the officer looks for is how the suspect is driving- is the suspect swerving, does the vehicle have the headlights on, is the suspect driving the speed limit, and he will also look to see if the vehicle is staying within its lanes. Once the officer has pulled the vehicle, the officer will look for other signs of intoxication- does the suspect have bloodshot eyes, are the suspects eyes watery, does the suspect have slurred speech, is there a smell of alcohol coming from the suspect, and are there any alcohol containers in the vehicle. If the officer suspects that someone is driving under the influence, and he has established reasonable suspicion, the officer may order the suspect out of the vehicle to perform field sobriety tests. These tests are extremely subjective and are designed to be failed. It is important to note that the field sobriety tests are optional and nobody is required to submit to them. However, the officer will not tell you that the tests are optional. If you do not refuse to take the field sobriety tests, there are three main tests that make up the standardized field sobriety tests. Those three tests are: - Horizontal Gaze Nystagmus - Walk-and-Turn - One-leg Stand *Horizontal Gaze Nystagmus* HGN is an involuntary jerking of the eye which naturally occurs as the eyes move from side to side inside of the eye socket. This occurs when the eyes rotate at high peripheral angles. When somebody has been drinking alcohol and is otherwise impaired, nystagmus is extremely exaggerated and occurs at less angles than in somebody that is not intoxicated. Officers look to determine if a person is able to smoothly track a moving object with their eyes from side to side. A person impaired by alcohol will also not be able to smoothly track a moving object with their eyes from side to side. More specifically, the officer will be looking for three things: - If the eyes cannot follow an object horizontally. - If the jerking is distinct when the eyes are at their maximum deviation. - If the jerking occurs within 45 degrees of the center of the eye. If the police officer notices 4 or more clues between both of the suspects eyes, it is likely that the suspect has a blood alcohol level of 0.10 or more. The test is designed to determine if a suspect has a blood alcohol content of 0.10 or greater approximately 77% of the time. *Walk and Turn Test* Officers may also make the suspect do the walk and turn test. This is where the officer makes the suspect walk several steps in a straight line heel to toe while counting. After the suspect has taken the number of steps requested, they must then turn on one foot and return to where the test started. The officer will also be looking for several things to indicate that the suspect is under the influence: - If the suspect cant keep their balance when they listen to the instructions. - The suspect begins to perform the test before the officer finishes their instructions. - If the suspect stops while walking the line to regain their balance. - If the suspect does not touch heel-to-toe with every single step. - If the suspect has to use their arms for balance. - If the suspect loses their balance while turning. - If the suspect takes the incorrect number of steps or forgets what number to count up to. Officers understand that 68% of suspects that exhibit 2 or more of the above indicators typically have a blood alcohol level of 0.10 or greater. *One Leg Stand* * * * * The last test that I will write about is the one leg stand. This is where the officer will tell the suspect to stand with one foot raised around 6 inches from the ground and to count until the officer tells the suspect to put their foot down. The officer typically times this test and stops the test at 30 seconds. The officer is attempting to see how close to 30 seconds the suspect was able to count. There are also signs that the officer is looking for with the one leg stand: - If the suspect is swaying back and forth while balancing on one foot. - If the suspect is using their arms for balance. - If the suspect is forced to hop to maintain their balance. - If the suspect is putting their foot down during the test. Officers understand that 65% of suspects who show 2 or more of the above symptoms have a blood alcohol content of 0.10 or more. The more indicators that the officers pick up, the more persuasive the officers testimony will be in court. The embarrassment from the roadside field sobriety tests given to suspected drunk drivers quickly gives way to the terrible reality of handcuffs, and the fear of the consequences that could follow a California DUI conviction, like the possibility of being sent back to jail for even a minute, or losing your California drivers license for months, or even years.

Answer Applies to: California
Replied: 11/8/2011

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Not at all. For one thing, the tests offer the opportunity to observe you and to screen you for intoxication. They really are not pass-fail tests. The other thing you must consider is that your perception of your field sobriety test performance may be inaccurate. For one thing, unless you were outside yourself, you can't accurately assess your performance because you can't see what the cop saw. Additionally, if you had been drinking, your own perception may have been flawed. Every drinker thinks he is the hottest guy in the bar. Of course there's also the term "beer goggles." Beyond that, few things justify the outright dismissal of a case. The legitimacy of an arrest is based on Probable Cause to Arrest. The facts included in that analysis are your driving, your face color, whether your eyes are blood-shot or watery, your speech, your clothes, the nystagmus in your eyes, your ability to orient yourself and your physical condition all come into play when an officer makes a determination to arrest. Of course you need to speak with an attorney because there are other considerations that are beyond the scope of this list serve. It may be your arrest was bad, perhaps the FSTS were recorded. The recording may cut both ways but it needs to be reviewed. Also your actual BAC reading will have an impact on the consequences to you. All of these issues need to be discussed in detail with an attorney.

Answer Applies to: Washington
Replied: 11/8/2011

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The answer depends on what test was taken and the observations of the officer. There are many different cues that an officer will consider when determining whether there was a test failure including something as simple as starting the test before the officer instructs you to commence.

Answer Applies to: Minnesota
Replied: 11/8/2011

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There is more to a DUI field sobriety test than just doing the physical demonstrations. The officer will evaluate your eye movement, eye responses to light, and other tests that do not require you to move or talk. To follow up on the tests a chemical test should be given, breath, blood or urine. The chemical test is the one that will be used in court. If the evidence is in the report and is supported by the lab report you will not have your case dismissed.

Answer Applies to: California
Replied: 11/8/2011

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What constitutes 'failure" is in the eye of the beholder. If it's videoed, eventually the jury could be the judge of that. As for your case being dismissed, if the Officer is saying this is what provided him probable cause to arrest you, it could be a factor leading to a dismissal. If the test are not video-taped it takes a skilled cross-examiner to reveal that the officer is over stating his observations to justify his actions. Normally in a pre-trial hearing, most judges give great deference on the sworn testimony of an officer.

Answer Applies to: New York
Replied: 11/8/2011

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It will depend on what your attorney can prove. There are many officers with video's in their cars, your attorney should subpoena the officers video and look at how you performed the test. If there is no video, realistically your word versus the officers is not going to get you very far. While you may think you passed the test, unless you have studied how and why they administer each test, you do not know what they are looking for. You need to hire an experienced attorney in DWI cases. I would be glad to talk to you further about your case and break down how each of the major 3 Standard field sobriety tests work. If you can show the officer was wrong, you may be able to win your case at a probable cause hearing.

Answer Applies to: North Carolina
Replied: 11/8/2011

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If done properly the field sobriety tests are not pass/fail. Rather they are scored, and if scoring is done properly it accounts for three of the field sobriety tests combined, generally not individually. Many officers will fail a driver for failure to perform as instructed, even when the test was performed flawlessly, which can become a major contention in trial.

Answer Applies to: California
Replied: 11/8/2011

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The police will usually test you on a walk-and-turn, one leg stand and horizontal gaze nystagmus test. The police mark down various errors in the test to determine whether you passed or failed. Some of the errors could be failure to follow instructions, did not walk all of the steps, did not walk straight on each of the steps, could not keep balance, etc. The police report will show you what the police marked down as an error.

Answer Applies to: Nevada
Replied: 11/8/2011

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The sobriety tests given by officers have a point system whereby a failure is deemed when a sufficient number of point has accumulated. Each test has a different point scale.

Answer Applies to: Kansas
Replied: 11/8/2011

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Failing the test(s) are based on the officer's opinion of what he has observed. It’s not likely your case will be dismissed, even if you think you passed the tests. There is still the issue of whether you took the breathalyzer test and a number of other factors which your question does not address with additional facts.

Answer Applies to: Indiana
Replied: 11/8/2011

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Normal 0 Rarely have I seen someone "pass" a field sobriety test, even when sober. "NHTSA" publishes a manual every few years specifically laying out how to administer and grade the field sobriety tests . There are many ways to exhibit a clue of impairment, but all you have to do is exhibit 2 signs to "fail" their test. This could be something as simple as your hands moving further than 6 inches away from your body. It's important to remember that the field sobriety tests are no indicia of being able to drive safely. You should contact a DUI defense lawyer to evaluate your test performance. If in fact, you did pass the tests, then there is likely no probable cause to arrest and therefore you breath test results or refusal should be suppressed.

Answer Applies to: Kansas
Replied: 11/8/2011

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While your performance on field sobriety tests could become an issue in a trial to determine whether you are/were "under the influence", the main function of such tests is to justify the state's request/demand for blood alcohol concentration testing. The DWI statute has a number of subdivisions. One subdivision involves a driver being "under the influence". "Under the Influence" is proved by reference to observations, including the driver's performance on field sobriety tests. Another subdivision of the DWI statute makes it a violation of the law to drive, etc., with a blood alcohol concentration of 0.08% or more. If the arresting officer can justify requiring that the driver submit to a test to establish his blood alcohol concentration, and, if that concentration exceeds the legal maximum, the driver will be charged with DWI based upon that statutory subdivision. If you are charged under the "0.08% or more" subdivision, you can challenge whether the officer truly had a sufficient basis to demand the blood alcohol concentration test. This would take place in a pre-trial hearing rather than at trial.

Answer Applies to: Minnesota
Replied: 11/8/2011

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That is the cop's conclusion. The most important evidence will be result of the chemical test. In any event if you are charged whether you are guilty or innocent will be decided by a jury if you choose that route.

Answer Applies to: California
Replied: 11/8/2011

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Pass or fail is subjective. The strongest evidence most people face is a breathalyzer test or blood test. regardless of the sobriety test results, the alcohol level is what directs most persons to take a plea. If there is nothing more than subjective field sobriety, then your case would be a good one to try before a jury. There can be many factors that go into a pass/fail of a field sobriety test. You should hire an attorney to review the full details of your case to determine the best course for you. If interested, you could call my office to schedule an appointment to hire met to represent you. I hope that this was helpful.

Answer Applies to: Michigan
Replied: 11/8/2011

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Many people think they passed the field sobriety tests because they have no idea what the officers are looking for. Things such as raising your arms a little, not touching your heel completely to your toe on every step, or even turning in the wrong direction can cause you to fail. The truth is that most people cannot pass the field sobriety tests, whether they have been drinking or not.

Answer Applies to: Georgia
Replied: 11/8/2011

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The purpose of field sobriety tests is to determine if there is probably cause for the arrest. If the officer said your failed when you did not, this may work against the officer having probable cause. You should consult with an attorney and review the total facts to determine if you have a defense.

Answer Applies to: Michigan
Replied: 11/8/2011

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Sorry to hear about your legal woes. There are a couple of things you should know about Field Sobriety Tests: First, cops are looking for subjective "clues" of impairment; and, Second, Cops frequently get those clues wrong. Sadly, there's generally no other proof of how you did, except for your opinion. Of course, you're also not trained in performing, or evaluating Field Sobriety Tests, so the prosecutor is going to discount your opinion. The prosecutor is also going to think that you have an incentive to remember the test incorrectly. After all, you are probably in a position to benefit from the opinion that you did the tests just fine. You need to find a skilled DUI attorney to evaluate your case and walk you through the criminal case process. That attorney can help you understand how the Cop's report bears so little resemblance to reality.

Answer Applies to: Washington
Replied: 11/8/2011

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("FST") are a series of coordination exercises used by police officers to determine alcohol impairment. In reality, however, they are used merely as a tool to gather evidence to support a later conviction against you. One thing a police officer will never tell you is that FSTs are completely voluntary. Unless you are on probation for a prior DUI, you should NEVER do them! In fact, many police officers will threaten to impound your car or take you to jail if you refuse. What they don’t tell you is, they will arrest you ANYWAY, because there is no such thing as passing FSTs. For example, if you are asked to do 20 things and you did 19 of them correctly, guess what will show up in the police report? That’s right, the ONE thing you did wrong.

Answer Applies to: California
Replied: 11/8/2011

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As a general rule of thumb, every police report that I have looked at has shown issues on FST's, even when the person performing them feels confident they did them well. Even if there are "clues" for the officer to determine that someone has alcohol in their system, these tests are flawed to say the least and can be attacked. Most officers that I have come across do not instruct many of the tests correctly or demonstrate them. You should contact a DUI attorney in your area to discuss your case in more detail.

Answer Applies to: California
Replied: 11/7/2011

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Usually when an officer says you "failed" a field sobriety test it could mean that you did something minor such as lifting your hands 4 inches instead of 2, counting in your head instead of counting out loud, not turning on your heel and turning on your toes, etc. This is why I usually advise my clients to deny the FSTs all together. You do not have to submit to the field sobriety tests and you do not have to take a Preliminary Alcohol Screening test in the field. All of this is optional but the officers usually (and conveniently) forget to tell you this.

Answer Applies to: California
Replied: 11/7/2011

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You do not pass or fail a field sobriety test. In reality, if you take the test you WILL never prove you are not impaired, but it is more likely you will be arrested for DUI. You do not have to submit to these "roadsides". You can refuse. You always must obey lawful police orders. But you can ask if the request is an order. Much of what police do requires consent. "Will you please step out of the car?" "May I search your car?" Without consent or probable cause, they cannot do these things. So many factors other than sobriety can effect the outcome of these roadside tests that they are unreliable: age, height , weight, prior medical conditions, etc. The test is a tool for collecting more evidence to prove your guilt in a court of law.

Answer Applies to: Colorado
Replied: 11/7/2011

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No, because the cop will lie and say you couldn't follow the light. Your estimate of 30 seconds was way off, etc.

Answer Applies to: California
Replied: 11/7/2011

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Field sobriety tests are a group of tests administered in the field to determine impairment. The fact that you did not stumble or fall is not alone determinative. Wait to see the police report and you will learn how you scored on all the tests.

Answer Applies to: Washington
Replied: 11/7/2011

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If the officer says you failed. But the FSTs are not pass fail. Get the video and the officer's report form.

Answer Applies to: Washington
Replied: 11/7/2011

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The field sobriety tests help the officer to build the probable cause necessary to arrest you. Other things factor in as well (bad driving, objective symptoms, your statements regarding the consumption of alcohol, etc.). Most people think they passed the field sobriety tests; most police reports say that the person did not perform the tests as demonstrated. Your attorney will look at the results of the field sobriety tests, along with the other facts stated by the officer that led up to the arrest, to determine whether or not you have a possible motion to suppress the evidence. Also, doing well on the field sobriety tests could help to show that you were not "under the influence" for purposes of the 23152(a) count, especially if you have a low blood alcohol level. You should consult an attorney so that all of the evidence and issues can be analyzed to determine how best to proceed.

Answer Applies to: California
Replied: 11/7/2011

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All I can tell you is that it depends upon the mood of the officer and his/her personal interpretation. Hire a lawyer and defend vigorously, esp. if there was no BAC over .08%.

Answer Applies to: Pennsylvania
Replied: 11/7/2011

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Below are short introductory descriptions of some tests that motorists in New York State may encounter at the scene of a motor vehicle stop: *Horizontal and Vertical Gaze Nystagmus:* The police officer will position a pen, pen light, or his or her finger, in front of the motorists face and move the object from side to side and up and down, watching the subjects eyes. The officer is looking for involuntary jerking or trembling of the eyeball, which under some circumstances may be a physiological sign of impairment. *Walk and Turn: *The officer instructs the motorist to take nine heel-to-toe steps along a real or imaginary line, and then turn in a certain specifically instructed manner, and then take nine heel-to-toe steps back to the starting position. While performing this task, the motorist is expected to keep his or her arms at his or her sides without raising them. The officer will monitor the motorists ability to follow his or her instructions, balance, whether or not the line was followed, number of steps taken, manner of steps taken (i.e., whether or not the motorist touched heel-to-toe on each step), arm position, and head position, during this test. *One Leg Stand:* Generally, the officer instructs the motorist to raise one leg six inches off the ground while watching the foot, keeping the bottom of his or her heel parallel to the ground, keeping the arms at his or her sides, and while counting out loud until the officer instructs the motorist to stop. The officer will watch for ability to follow instructions, general lack of balance (such as swaying, hopping, putting the foot down prior to being told to do so, and raising the arms), and ability to accurately measure the passage of time. *Finger to Nose:* The officer will instruct the driver to stand with his or her feet together and arms at his or her sides, to close his or her eyes, and to tilt the head back. The motorist will be further instructed to bend his or her arm at the elbow and to touch each index finger to the tip of the nose three times per arm. Again, the officer will watch for ability to follow instructions, general lack of balance (such as swaying, unsteadiness, and opening the eyes), and ability to meet the tip of the index finger to the tip of the nose. *Romberg Balance Test:* With head tilted back, feet together and eyes closed, the motorist will be instructed to estimate the passage of 30 seconds (i.e., but this time period can vary depending on the police agency involved). With this test, the officer is evaluating the suspects internal clock, which, according to the officer, will be slow in the case of alcohol or depressants, or fast in the case of stimulants. The officer will also check for ability to follow instructions and signs of general lack of balance (such as swaying, unsteadiness, opening the eyes, separating the feet, and raising the arms). From reciting portions of the alphabet backwards or forwards, finger counting, and counting backwards, there are many field sobriety tests that police officers employ. The National Highway Transportation Safety Administration (NHTSA) has found that if someone fails all three tests, and they were administered correctly, there is an 85 percent chance the person has a blood alcohol content (BAC) of .08 or higher. Did the Police Know What They Were Doing? An 85 percent chance is not enough evidence, on its own, to convict you of DWI. However, it may provide probable cause for the police to arrest you, take you to the station, and ask you to take a breathalyzer test, which is more precise although still not infallible. So if there was no breathalyzer taken, then there is no accurate reading or evidence to show that you were intoxicated or above the legal limit when given the test. Here is the applicable law in New York in regards to field sobriety tests: 1194. *Arrest* and testing. 1. *Arrest* and *field testing*. *Arrest.* Notwithstanding the provisions of section 140.10 of the criminal procedure law, a police officer may, without a warrant, arrest a person, in case of a violation of subdivision one of section eleven hundred ninety-two of this article, if such violation is coupled with an accident or collision in which such person is involved, which in fact has been committed, though not in the police officers presence, when the officer has reasonable cause to believe that the violation was committed by such person. *Field testing.* Every person operating a motor vehicle which has been involved in an accident or which is operated in violation of any of the provisions of this chapter shall, at the request of a police officer, submit to a breath test to be administered by the police officer. If such test indicates that such operator has consumed alcohol, the police officer may request such operator to submit to a chemical test in the manner set forth in subdivision two of this section.

Answer Applies to: New York
Replied: 11/7/2011

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What you did not mention is whether you took the breath test which would provide objective evidence if you were under the influence or not. There is no one set of circumstances which constitute a failure of the field sobriety test. Some police officers would view not being able to do the hell to toe walk or say your ABC's in the correct order is a failure of the field sobriety test.

Answer Applies to: District of Columbia
Replied: 11/7/2011

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You should retain a good criminal attorney to handle the case. Drinking and driving is like firing a gun at a moving train and hoping no one gets hit by the bullets. Your attorney can cross-examine the officer as to how you performed on the field tests. You may think you passed the tests but most people fail them and the officers will always say you failed them. Your case will not be dismissed under any circumstances. If you blew over a .13 you will go to trial. If you blew over .18 you will be convicted of the DWI in most courts. If you refused and your driving was reckless you will probably be convicted of the DWI.

Answer Applies to: New York
Replied: 11/7/2011

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Clients tell me that they passed the field sobriety test, then I read the police reports and they always say that the defendant exhibited signs of intoxication. Most tests have more than one component, for example the horizontal gaze nystagmus test is used in conjunction with the raised leg test. An officer will ask a person to stand straight and lift one leg then he moves a pen right and left in front of the person's face. Nystagmus is the involuntary rapid eye movement. Alcohol and drugs will cause the eye to 'flutter' back and forth before the 45 degree mark. The officer tells the driver to follow the pen without moving their head. People do not realize that the officer is watching there eyes and think that they did fine. Make sure you read the police reports to find out what the officer wrote in the report. I would bet that you will discover that these words are in the report. "Watery, bloodshot eyes, slurred speech and unsteady gait."

Answer Applies to: California
Replied: 11/7/2011

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The case won't be dismissed. No one passes a field sobriety test. If you take it, your almost guaranteed to be arrested. The reason for that is because they extremely subjective, and only the officer determined whether you pass or fail. The officer may tell you to stand on one leg and count to 30. And if you drop your leg, just pick it up and keep going. What the officer doesn't tell you, Is that every time your leg drops, he's counting it against you. There are a number of things you are not told will count against you. Your best bet, find an attorney and hire them. DUIs are prosecuted harshly. It is extremely doubtful that it would be dismissed just because you believe you passed the FSTs.

Answer Applies to: California
Replied: 11/7/2011

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Your definition of passing is probably different from the police, but nonetheless, the police could require you to come in and blow into the Data Master based on other evidence such as slurred speech, alcohol on the breath, blood-shot eyes, etc. It depends on what the officer says and what is in the police report. DUIs are very serious and it is important to have an experienced DUI attorney review the case file before agreeing to anything. There may be errors that could get the charges reduced or dismissed. A good DUI attorney will more than pay for himself in what he can save you.

Answer Applies to: Michigan
Replied: 11/7/2011

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The best thing that could happen in your case is a video recording of your field evaluations. It will not matter what the officer thinks. It will not matter what you think. Everyone can see for themselves how you performed on the test. I suggest you retain an attorney in addition to requesting the video, if there is video, but that is only my suggestion.

Answer Applies to: Georgia
Replied: 11/7/2011

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Many field sobriety tests are subjective. Even a misstep or small waver in balance can be considered a failure by the officer. The tests may be on video. If you can argue that you did not fail the test, then it is a possibility that you could argue the officer did not have reason to place you under arrest, but your admissions, appearance, and performance on other tests including a portable breathalyzer could determine if the office had reason to arrest you.

Answer Applies to: Minnesota
Replied: 11/7/2011

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You do not have to be stumbling or falling down to be charged with DUI.If you were swaying or unsteady on your feet, combined with the odor of alcohol on your breath, bloodshot or glassy eyes, these factors can establish the officer's expert opinion you were under the influence. Remember it is not driving while intoxicated, but merely under the influence.

Answer Applies to: Illinois
Replied: 11/7/2011

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Police officers uniformly tell people they fail the field sobriety tests. In order to attack a DUI charge you want to make sure you hire an attorney that will not plead you our and while fight your case all the way. FST's can be attacked on a variety of levels. Hire an aggressive attorney today if you do not want to just plead guilty.

Answer Applies to: Hawaii
Replied: 11/7/2011

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Officers say that all the time. The only way to tell is for an attorney to review the report and the "results". Some officers record their traffic stops. Is your case one of them? If so, these videos can tell a lot, both good and bad. Hire an attorney who can help you. DUI convictions carry with them some very serious penalties.

Answer Applies to: Washington
Replied: 11/7/2011

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DUI field sobriety tests are very subjective in nature, which means that one officer may think the test was passed, while another may view the very same test and think otherwise. These tests require the DUI suspect to perform very specific actions and for that reason, most police will decide that the tests were not performed properly and consider them failed. For that reason, most defense attorneys advise against taking field sobriety tests.

Answer Applies to: Illinois
Replied: 11/7/2011

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DAs do not dismiss these types of cases. They try them. You need to hire an attorney and a forensic / criminologist type at least for advice.

Answer Applies to: California
Replied: 11/7/2011

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What "fact" do you think will help get the case dismissed? That you think you passed? Its good that you didn't think you stumbled but there's more to it than that. It may be enough for a not guilty but there may be other motions your attorney can file on your behalf. Hire an experienced criminal defense attorney.

Answer Applies to: Pennsylvania
Replied: 11/7/2011

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It will not help get a case dismissed. That almost never happens. Pleas happen, dismissals not so much. This would be an issue for the jury to decide.

Answer Applies to: Michigan
Replied: 11/7/2011

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There are 3 standard field sobriety tests. They are all scored differently and must be viewed in conjunction with one another. A person can "fail" without stumbling or falling. You should speak to a lawyer about the best way to defend your case.

Answer Applies to: Maryland
Replied: 11/7/2011

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Passing or failing is in the judgment of the officer administering the test. Your attorney should be able to get a copy of the videotape of your coordination test and use it to cross-examine the officer. A skilled defense attorney can literally cross-examine the officer for hours on the field sobriety test alone.

Answer Applies to: New York
Replied: 11/7/2011

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Four out of six clues on the hgn. Two out of eight on the walk and turn. Two out of four on the one-leg stand. The tests are very subjective. You should get a qualified DWI attorney right away.

Answer Applies to: Arkansas
Replied: 11/7/2011

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