Field Sobriety Testing Lawyer Minneapolis MN

If you have been pulled over for suspected driving while impaired (DWI) in Minnesota, the police officer likely asked you to perform a series of physical and cognitive exercises known as Standardized Field Sobriety Tests (SFSTs). These tests are designed to help the officer determine if there is probable cause to arrest you for DWI. However, field sobriety tests are notoriously subjective, prone to error, and heavily influenced by factors completely unrelated to alcohol or drug consumption.

Failing a field sobriety test does not mean you are automatically guilty of DWI. At Barry Hogen Law, we have over 36 years of experience challenging the validity and reliability of field sobriety tests in Minneapolis and throughout Minnesota. We know how to expose the flaws in these tests and use them to build a strong defense against your DWI charges.

What Are Standardized Field Sobriety Tests (SFSTs)?

The National Highway Traffic Safety Administration (NHTSA) has endorsed three specific field sobriety tests as being the most reliable indicators of impairment. These three tests make up the Standardized Field Sobriety Test battery:

1. Horizontal Gaze Nystagmus (HGN) Test

Nystagmus is an involuntary jerking of the eye that occurs naturally as the eyes gaze to the side. However, alcohol and certain drugs can exaggerate this jerking and cause it to occur at lesser angles. During the HGN test, the officer will ask you to follow a moving object, such as a pen or a flashlight, with your eyes while keeping your head still. The officer is looking for three specific clues in each eye:

• Lack of smooth pursuit (the eye jerks as it moves).
• Distinct and sustained nystagmus at maximum deviation (the eye jerks when held as far to the side as possible).
• Onset of nystagmus prior to 45 degrees (the eye begins to jerk before it reaches a 45-degree angle).

2. Walk-and-Turn (WAT) Test

The Walk-and-Turn test is a “divided attention” test that requires you to listen to and follow instructions while performing simple physical movements. The officer will instruct you to take nine heel-to-toe steps along a straight line, turn on one foot, and take nine heel-to-toe steps back. The officer is looking for eight specific clues of impairment:

• Cannot keep balance while listening to instructions.
• Starts before the instructions are finished.
• Stops while walking to regain balance.
• Does not touch heel-to-toe.
• Steps off the line.
• Uses arms to balance (raises arms more than six inches).
• Makes an improper turn.
• Takes an incorrect number of steps.

3. One-Leg Stand (OLS) Test

The One-Leg Stand test is another divided attention test. The officer will instruct you to stand with one foot approximately six inches off the ground and count aloud by thousands (one thousand one, one thousand two, etc.) until told to put your foot down. The officer will time you for 30 seconds and look for four specific clues of impairment:

• Sways while balancing.
• Uses arms to balance (raises arms more than six inches).
• Hops to maintain balance.
• Puts the foot down before the 30 seconds are up.

The Flaws and Limitations of Field Sobriety Tests

While the NHTSA claims that these tests are highly accurate when administered correctly, the reality is that they are deeply flawed and subject to numerous variables that can cause a sober person to “fail.” Some of the most common issues with field sobriety tests include:

• Improper Administration: Officers must administer the tests strictly according to NHTSA guidelines. Any deviation from the standardized procedures—such as giving incorrect instructions, demonstrating the test improperly, or failing to account for environmental factors—can invalidate the results.
• Subjective Scoring: The scoring of field sobriety tests is entirely subjective and relies on the officer’s interpretation of your performance. An officer who already suspects you of DWI is more likely to interpret innocent mistakes as signs of impairment.
• Medical Conditions and Physical Limitations: Numerous medical conditions, physical injuries, and disabilities can affect your ability to perform the tests, regardless of whether you have consumed alcohol. Inner ear problems, back or leg injuries, obesity, and even simple fatigue can cause you to fail the Walk-and-Turn or One-Leg Stand tests.
• Environmental Factors: The conditions under which the tests are administered can significantly impact your performance. Uneven or slippery surfaces, poor lighting, passing traffic, and extreme weather conditions can all make it difficult to maintain your balance and follow instructions.
• Nervousness and Anxiety: Being pulled over by the police is a stressful experience. Nervousness, anxiety, and the fear of being arrested can cause you to tremble, lose your balance, or misunderstand instructions, leading to a false positive result.
• Inherent Inaccuracy of the HGN Test: The HGN test is particularly problematic. Nystagmus can be caused by a wide range of factors other than alcohol, including certain medications, neurological disorders, eye strain, and even the flashing lights of the police cruiser. Furthermore, officers are rarely trained medical professionals and often misinterpret the subtle eye movements they are looking for.

Do I Have to Take Field Sobriety Tests in Minnesota?

It is a common misconception that you are legally required to perform field sobriety tests. In Minnesota, you have the right to politely refuse to take the Standardized Field Sobriety Tests. Unlike the chemical test (breath, blood, or urine) administered at the police station, there is no legal penalty for refusing the roadside physical exercises.

In fact, many defense attorneys advise against taking field sobriety tests, as they are designed to gather evidence against you, not to prove your innocence. If you refuse the tests, the officer will have to rely on other evidence, such as your driving behavior, the smell of alcohol, or your admission of drinking, to establish probable cause for an arrest.

How Barry Hogen Law Can Help

If you have been arrested for DWI based on the results of field sobriety tests, you need an attorney who knows how to challenge this evidence effectively. Barry Hogen has extensive experience cross-examining police officers on their administration and interpretation of SFSTs. He will meticulously review the police reports, dashcam footage, and bodycam footage to identify any errors, inconsistencies, or violations of NHTSA protocols.

Our defense strategies may include:

• Filing a motion to suppress the field sobriety test results if the officer lacked reasonable suspicion to request the tests or failed to administer them correctly.
• Challenging the officer’s probable cause for the arrest if the field sobriety test results were the primary basis for the arrest and those results are shown to be unreliable.
• Presenting evidence of medical conditions, physical limitations, or environmental factors that explain your performance on the tests.
• Highlighting the subjective nature of the tests and the officer’s potential bias.

Contact a Minneapolis Field Sobriety Testing Lawyer Today

Do not let flawed field sobriety tests dictate the outcome of your DWI case. Contact Barry Hogen Law today at (612) 338-5545 to schedule a free, confidential consultation. We will review the evidence against you, explain your legal options, and fight aggressively to protect your rights and your driving privileges.