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Field Sobriety Tests

Field sobriety tests are roadside exercises officers use to look for signs of alcohol or drug impairment. Officers may use the results to determine probably cause for a DWI arrest in Little Rock or the state of Arkansas.

What Are Field Sobriety Tests? 

Field sobriety tests are roadside exercises officers use to look for signs of alcohol or drug impairment. Officers may use a driver’s performance, statements, appearance, coordination, and ability to follow instructions when deciding whether there is probable cause for a DWI arrest. 

Field sobriety tests do not directly measure blood alcohol concentration. They are different from breath, blood, saliva, and urine tests.  

What Are the Standardized Field Sobriety Tests? 

The National Highway Traffic Safety Administration recognizes three standardized field sobriety tests: 

  • Horizontal Gaze Nystagmus: The officer observes the driver’s eyes while the driver follows a moving object. 
  • Walk-and-Turn: The driver takes heel-to-toe steps, turns, and returns as instructed. 
  • One-Leg Stand: The driver balances on one leg while counting. 

These tests are considered “standardized” because officers should administer and score them according to established procedures.See page 14 of the NHTSA Standardized Field Sobriety Testing Manual. Fact checked by Ludwig Law Firm Editorial Team 

How Are Field Sobriety Tests Used in Arkansas DWI Cases? 

Arkansas’s DWI statutes do not provide a separate statutory definition of “field sobriety test.” Instead, test performance is observational evidence that may be used to prove intoxication under Ark. Code Ann. §§ 5-65-102(4) and 5-65-103. 

The Arkansas Supreme Court has held that an officer’s observations during field sobriety testing can constitute competent evidence supporting a DWI charge. In Mace v. State, the defendant failed several tests, including the HGN, walk-and-turn, and one-leg-stand tests. Mace v. State, 328 Ark. 536, 944 S.W.2d 830 (1997). 

Does Failing a Field Sobriety Test Prove DWI? 

No. Field sobriety test results are evidence, but they do not automatically establish guilt. Courts may also consider driving behavior, officer observations, video footage, chemical-test results, admissions, and other circumstances.  

Test performance may also be affected by injuries, medical conditions, medications, age, footwear, road surface, lighting, weather, unclear instructions, or improper administration. Arkansas courts have also recognized that a DWI conviction may stand without field sobriety testing when other evidence sufficiently proves intoxication. Brunson v. State, 2002 Ark. App. 253. 

Fact checked by Ludwig Law Firm Editorial Team 

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