Motor Skills

A defendant's motor skills are relentlessly examined by both the prosecution and our defense team. Learn how these are identified, and what defenses may be available.

It’s widely known that motor skills are the physical abilities a person uses to control and coordinate bodily movement. In an Arkansas DWI case, the term becomes a central piece of evidence. When our attorneys are in trial for a DWI case, we look extensively at our client’s balance, coordination, walking, standing, steering, braking, and responding physically to changing road conditions, with the goal of proving that intoxication was not present.

Arkansas law does not provide a separate definition of “motor skills.” Instead, the term appears within the statutory definition of intoxicated. A person is intoxicated when alcohol, drugs, another intoxicant, or a combination of substances substantially altersthe person’s reactions, motor skills, and judgment, making the person a clear and substantial danger of physical injury or death.

Statute Reference: Ark. Code Ann. § 5-65-102(4)

How Are Altered Motor Skills Identified in a DWI Case?

Field sobriety tests—including the walk-and-turn and one-leg-stand tests—are commonly used to look for possible problems with balance, divided attention, and coordination. However, these tests are extremely subjective. Performance may also be affected by injuries, medical conditions, age, footwear, road conditions, or incorrect instructions.

Police officers and courts may consider physical observations such as:

Staggering or stumbling

Swaying while standing

Using a vehicle or another object for balance

Difficulty walking in a straight line

Problems standing on one leg

Slow or uncoordinated movements

Difficulty retrieving documents

Trouble following physical instructions

Unsafe control of the vehicle

Case Law Related to Motor Skills

In Brunson v. State, an officer observed that the defendant used his vehicle for balance, held onto the truck while walking, wobbled, staggered, and had slurred speech. The Arkansas Court of Appeals held that the evidence supported the finding that his reactions, motor skills, and judgment were substantially altered. Brunson v. State, CACR02-253 (Ark. Ct. App. 2002) Fact checked by Ludwig Law Firm Editorial Team

More recently, the Arkansas Court of Appeals confirmed that an officer’s observations during field sobriety tests may constitute competent evidence of intoxication. King v. State, 2025 Ark. App. 299 Fact checked by Ludwig Law Firm Editorial Team

Available Defenses For DWI Motor Skill Issues

There are countless defenses against the field sobriety test, which is commonly used to show alleged motor skill impairment. Examples are proving that poor balance resulted from an injury, medical condition, fatigue, medication, poor lighting, and so much more. Our defense attorneys can also challenge the proper administration of the field sobriety test. Ultimately, our goal is to disprove that the driver’s motor skills were “substantially altered,” as required by Ark. Code Ann. § 5-65-102(4).