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Do Field Sobriety Tests Really Prove Intoxication?

The Short Answer

Not reliably.

Field sobriety tests are commonly treated as objective proof of intoxication in Michigan DUI cases. In reality, they are screening tools, not scientific tests, and their results are highly sensitive to how they are administered, interpreted, and recorded.

At the Barone Defense Firm, we examine field sobriety tests for what they actually are: subjective exercises, performed under roadside conditions, and evaluated by officers who already suspect impairment. When these tests are carefully analyzed, they often reveal significant weaknesses.

What Field Sobriety Tests Are Supposed to Measure

Standardized Field Sobriety Tests (SFSTs) were developed by the National Highway Traffic Safety Administration (NHTSA) to help officers decide whether further investigation is warranted.

They were not designed to determine blood alcohol concentration, nor were they intended to prove intoxication beyond a reasonable doubt.

The three standardized tests are:

  • Horizontal Gaze Nystagmus (HGN)
  • Walk-and-Turn (WAT)
  • One-Leg Stand (OLS)

Even when properly administered, these tests estimate the possibility of impairment—not certainty.

The Scientific Limits of Field Sobriety Tests

They Are Not Medical or Forensic Tests

Field sobriety tests do not measure alcohol in the body. They attempt to correlate physical performance with alcohol consumption, based on poorly designed statistical studies conducted under inadequately controlled conditions.

Roadside conditions are rarely controlled.

Factors that commonly affect performance include:

  • anxiety and stress
  • fatigue
  • injuries or medical conditions
  • footwear and clothing
  • uneven or poorly lit surfaces
  • weather and traffic conditions

None of these factors are accounted for in the scoring system.

What the Research Actually Shows

Peer-reviewed research has repeatedly shown that field sobriety tests have limited predictive value, even when administered correctly.

A detailed analysis of this research appears in Do Field Sobriety Tests Reliably Predict Intoxication?, published in the Michigan Bar Journal.

That analysis explains why these tests frequently over-identify impairment and why “false positives” are common.

Horizontal Gaze Nystagmus (HGN): The Most Misunderstood Test

What HGN Is Supposed to Show

HGN testing looks for involuntary eye movements as the eyes track a stimulus. Alcohol can cause nystagmus, but so can many non-alcohol-related conditions.

Common Problems With HGN Testing

  • improper stimulus distance or speed
  • failure to check for equal pupil size or resting nystagmus
  • environmental distractions (lights, traffic)
  • officer interpretation errors

Because HGN looks scientific, it is often given undue weight—despite being highly dependent on officer training and conditions.

Walk-and-Turn and One-Leg Stand: Balance, Not Intoxication

What These Tests Measure

WAT and OLS test divided attention and balance. They do not measure alcohol.

A person can fail these tests while sober for many reasons, including:

  • joint or back issues
  • age or weight
  • footwear
  • nervousness
  • uneven pavement

Scoring Is Subjective

Officers score these tests based on observed “clues,” many of which are loosely defined and inconsistently applied. Minor deviations are often exaggerated in police reports.

Administration Errors Are Common—and Legally Significant

SFSTs must be administered according to strict NHTSA protocols. When those protocols are not followed, the reliability of the test is compromised.

Common deviations include:

  • incomplete or incorrect instructions
  • demonstrations performed incorrectly
  • interruptions during testing
  • tests conducted on slopes or gravel
  • failure to consider medical limitations

When protocols are violated, test results may be challenged or excluded.

Why Field Sobriety Tests Still Appear Convincing

Field sobriety tests often appear persuasive because they are:

  • presented through officer testimony
  • described using technical language
  • reinforced by video clips taken after arrest decisions were already made

But persuasion is not the same as proof.

Independent defender organizations and appellate litigation have repeatedly recognized that SFSTs are far less reliable than commonly assumed, particularly when used as primary evidence of intoxication.

How Field Sobriety Tests Are Used to Justify Breath Testing

In many Michigan DUI cases, field sobriety tests are used to justify:

  • arrest
  • chemical testing
  • continued detention

This makes them especially important to analyze alongside breath-test evidence. Weaknesses in SFSTs often undermine the foundation for later chemical testing.

This page is intended to be read together with our discussion of breath-test evidence and the Intoxilyzer 9000, where subjective observations are often used to bolster unreliable numbers.

Is the Intoxilyzer 9000 Accurate?

Frequently Asked Questions

If I “Failed” Field Sobriety Tests, Does That Mean I Was Intoxicated?

No. SFSTs are not determinative. They are one factor among many and are subject to interpretation and error.

Can Field Sobriety Tests Be Challenged in Court?

Yes. Courts allow challenges to SFST administration, interpretation, and relevance, particularly when protocols were not followed.

What if I Have a Medical Condition or Injury?

Medical conditions are highly relevant. Officers are supposed to account for them, but often do not.

What This Means for Your DUI Case

Field sobriety tests are often treated as stronger evidence than they deserve. When carefully examined, they frequently reveal inconsistencies, protocol violations, and subjective interpretation.

Because these tests often form the basis for arrest and chemical testing, identifying their weaknesses can have a significant impact on a DUI case.

A careful review of police reports, body-camera video, and test administration is essential.

Next Steps

If you have been arrested for DUI in Michigan and field sobriety tests were used as evidence, it is important to understand whether those tests were administered and interpreted properly.

At Barone Defense Firm, we evaluate whether field sobriety testing was conducted according to recognized standards and whether the results were overstated.

To speak with an attorney, call (248) 306-9158 or 1-877-ALL-MICH (877-255-6424).

Client Reviews

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Patrick Barone is the ONLY choice for DUI defense. He was realistic from the start and made it a point to look at my case before taking my money. As a business owner, when I think of attorneys, I think of the "shark infested waters. Patrick is a shark alright, but his prey is not the client; it's justice for his client. Ten stars Patrick!! Chris F.
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Attorney Patrick Barone was very helpful and helped me understand the charge and sentence absolutely clearly. He also guided me through step by step helping me form a statement. His instructions were clear and detailed. It was obvious he cared about me understanding every important detail within my case. I would absolutely recommend this defense firm to anyone in need. Aaron B.
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The Barone Defense Firm is the firm I recommend. They are truly concerned about the person, not just the legal issue, but the person as well. They are the most knowledgeable defense firm that I am aware of, having actually written the book on DWI Defense. If you are faced with a DWI you will not find a more professional and skilled law firm. But, most importantly, they care about how the accused individual recovers his or her life when the case is complete. Very remarkable group of lawyers. William H.