Hi <<Goes By Name>>,
During a traffic stop involving suspicion of DWI or DUI, law enforcement may ask the driver to perform field sobriety tests — such as the “eye test” (officially called the Horizontal Gaze Nystagmus Test), walking a straight line, standing on one leg, reciting the alphabet, or counting.
Are Drivers Required to Perform Field Sobriety Tests? The answer may be surprising.
Field Sobriety Tests Are Voluntary — And Often Harmful
Drivers are not legally required to perform field sobriety tests. These tests are voluntary and may be declined when requested by law enforcement. At Rose Legal Services, we consistently advise clients to refuse field sobriety tests — even in cases where no alcohol has been consumed.
Field sobriety tests are designed in a way that frequently leads to failure. In our experience, they offer no benefit to the driver and often serve only to strengthen the case for arrest.
However, refusing these tests does not prevent an officer from making an arrest. Arrests can still occur based on other observations, such as driving behavior, speech patterns, physical appearance, odor of alcohol, or any statements made about drinking.
It’s also worth noting: performing well on these tests does not guarantee that arrest will be avoided. Officers may still proceed based on their judgment, regardless of test results.
Learn more about DWI stops and your rights in Missouri on our website.
