What Are Your Options for Challenging DUI Field Sobriety Tests?

Getting pulled over for suspected drunk driving is stressful. When officers ask you to step out and perform field sobriety tests, things can feel even more confusing. These tests are supposed to help officers decide whether you’re under the influence, but they’re not foolproof.

Many factors can influence how well someone does on these tests, and it’s not always about alcohol or drugs. From uneven pavement to medical conditions, a lot can throw off the results. That’s why it’s important to understand how these tests work, and how they can be challenged in court.

At Toy Law Office LLC, we focus on defending your rights when you face criminal charges, including DUI. As your Ohio DUI lawyer, we’re here to look closely at the tests used against you and find the weak spots.

What Are DUI Field Sobriety Tests?

DUI field sobriety tests are physical or cognitive tasks that officers ask drivers to perform during a traffic stop. These tests are used to observe your balance, coordination, and ability to follow directions.

There are three standardized field sobriety tests that the National Highway Traffic Safety Administration (NHTSA) recognizes:

• Horizontal Gaze Nystagmus (HGN): The officer asks you to follow a pen or light with your eyes. They’re looking for a jerking motion in your eyes, which can suggest intoxication.

• Walk and Turn: You’re asked to take nine heel-to-toe steps along a straight line, turn around, and take nine steps back.

• One-Leg Stand: You must stand on one foot for 30 seconds without swaying, hopping, or putting your foot down.

These tests are meant to give officers clues about possible impairment. But they’re based on observations, not science.

Why These Tests Can Be Unreliable

While DUI field sobriety tests are commonly used, their results aren’t always reliable. That’s because several outside factors can affect your performance, even if you haven’t had a single drink.

Here are some reasons these tests can give false impressions:

• Poor weather or road conditions can make it hard to balance or walk straight.

• Uneven or sloped pavement might cause you to stumble even if you're sober.

• Physical or medical issues like back pain, knee injuries, or vertigo can interfere with your coordination.

• Age and weight may affect your ability to complete tests that require balance or flexibility.

• Nervousness or anxiety from being stopped can cause shaking or loss of focus.

All these things can lead to poor performance, even when alcohol isn't a factor.

What Happens If You “Fail” a Field Sobriety Test?

Officers often use the results of DUI field sobriety tests to decide whether to arrest you and request a chemical test (like a breathalyzer). If you don’t perform well, they might say you showed signs of impairment.

But failing a field sobriety test doesn’t automatically mean you were drunk or high. And it doesn’t mean you’ll be convicted. That’s where we come in.

As your Ohio criminal defense attorney, we know how to question these test results and bring other evidence to light. Many DUI cases can be challenged—and even dismissed—based on how the field sobriety tests were given.

How We Challenge DUI Field Sobriety Tests

We take a detailed, thorough approach when we review how your field sobriety tests were conducted. Here’s how we help:

Examine the Officer’s Training and Experience

Not all officers are trained the same way. If the officer didn’t follow proper procedure or misunderstood how to evaluate you, that could make the test results unreliable.

We look into their background, training records, and how they’ve conducted DUI stops in the past. If they didn’t do things by the book, that’s important to your defense.

Watch the Bodycam and Dashcam Footage

Video evidence can tell us a lot. We watch to see whether the instructions were clear, whether the road was flat, and how you responded.

Sometimes, officers give confusing directions or cut you off mid-test. Or maybe the lighting was poor and the video shows you were doing better than the officer claimed.

Ask the Right Questions in Court

As someone with decades of courtroom experience, Attorney K. Robert Toy knows how to cross-examine officers. We ask the questions that matter:

• Were the tests explained properly?

• Was the environment safe for testing?

• Were there alternative reasons for your behavior?

Getting clear answers can help cast doubt on the officer’s version of events.

Look at Your Health and Physical Condition

We’ll review your medical history and any physical limitations that might have impacted your performance. Things like an old sports injury or a balance disorder can make a big difference.

Even something like uncomfortable shoes or lack of sleep might help explain why you didn’t perform as expected.

Bring in Witnesses or Experts

If needed, a DUI attorney can call on field sobriety test experts or people who were with you before the stop. Their input can help build a clearer picture of your condition and whether the officer’s observations were fair.

Legal Arguments We Can Use

There are several legal angles we might use to challenge DUI field sobriety tests:

• Improper administration: If the officer didn’t follow NHTSA guidelines, the results could be thrown out.

• Unreliable conditions: If the environment made the test unfair, we’ll argue it shouldn't be trusted.

• Subjective evaluation: We’ll argue that the officer’s judgment isn’t a substitute for science or objective proof.

• Violation of your rights: If you were stopped without probable cause or weren’t informed of your rights, that can change the entire case.

Why You Should Call DUI Attorney K. Robert Toy

Attorney Bob Toy brings over four decades of criminal law experience to your side. He’s handled everything from DUI charges to death penalty cases. With more than 200 jury trials under his belt, he knows how to challenge evidence, question witnesses, and protect your record.

We know what it’s like to be in your shoes. You’re scared, uncertain, and want someone who will actually fight for you. That’s what we do, without judgment and without pressure.

As your Ohio DUI attorney, we treat every case seriously. We’re here to answer your questions, explain your options, and push back against unfair DUI charges.

Contact Us Today

If you've been charged after failing DUI field sobriety tests, don't give up hope. We're ready to look at every detail of your case and defend your rights.

Since 1993, we’ve served residents, families, and students across the state, including the communities of Athens County, Gallia County, Meigs County, Morgan County, Perry County, Vinton County, Washington County, and Jackson County. Reach out today.