▶ Watch: Field Sobriety Tests Are Subjective — Small Details Matter
The roadside field sobriety tests — the walk-and-turn, the one-leg stand, and the eye test (HGN) — look scientific, but they are far more subjective than most people realize. Small details can make a big difference in how they are scored, and in whether they mean anything at all.
Nerves, footwear, uneven pavement, weather, weight, age, injuries, and medical conditions can all cause "clues" that the officer counts against you. And the same officer who decided to pull you over is the one grading the test. Whether the instructions were given correctly, whether conditions were fair, and what the video actually shows are all fair game for challenge.
Brian Foley served on the Vehicular Crimes Team and knows exactly how these tests are supposed to be administered and scored. In many DWI cases, the way you performed on video — not the officer's conclusions — is the most important evidence.
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