If you’ve been pulled over in Minnesota and asked to perform a field sobriety test, you’re not alone. Field sobriety tests are commonly used by law enforcement officers to establish probable cause for a DWI arrest. But these tests aren’t foolproof, and the results can be challenged — sometimes successfully.
If you believe you were unfairly charged after a flawed field sobriety test, understanding your legal rights is the first step toward building a defense. Let’s walk through how these tests work in Minnesota, why they can be unreliable, and what legal strategies are available to fight back.
What Is a Field Sobriety Test?
Field sobriety tests (FSTs) are physical coordination exercises used by police officers during a traffic stop to help assess whether a driver is impaired.
The three standardized tests endorsed by the National Highway Traffic Safety Administration (NHTSA) are:
- Horizontal Gaze Nystagmus (HGN) Test: Measures involuntary eye movements.
- Walk-and-Turn Test: Requires walking heel-to-toe in a straight line and turning on one foot.
- One-Leg Stand Test: Involves standing on one leg for 30 seconds.
These tests are subjective, relying on the officer’s personal judgment. Poor performance could lead to your arrest, even if you were not actually impaired.
Are Field Sobriety Tests Mandatory in Minnesota?
In Minnesota, field sobriety tests are voluntary. That means you can legally decline to perform them without automatically facing license suspension.
This is different from the state’s implied consent law, which applies to chemical testing (like breath, blood, or urine tests) after arrest. Refusing a chemical test can lead to administrative penalties such as license revocation.
If you’re unsure about your rights at a traffic stop, Martine Law can help you understand what actions may or may not help your case.
Why Field Sobriety Tests Are Often Unreliable
Field sobriety tests may seem official, but they’re prone to error. Here are several reasons why:
1. Medical Conditions and Physical Limitations
- Back problems, joint injuries, balance disorders, or neurological issues can cause a sober person to fail coordination-based tests.
- Older adults or individuals with disabilities may be unfairly penalized.
2. Environmental Factors
- Uneven pavement, poor lighting, bad weather, or noisy surroundings can affect test results.
- Wearing heels or loose-fitting clothes could also affect performance.
3. Officer Bias or Improper Training
- Officers may not properly administer the tests according to NHTSA guidelines.
- Their observations are subjective and can be influenced by confirmation bias.
4. Nervousness or Anxiety
- Being pulled over by police is stressful. Even sober drivers may fumble under pressure.
How to Challenge a Field Sobriety Test in Court
If you’ve been arrested based on the results of a field sobriety test, you and your attorney can challenge that evidence using several legal strategies.
1. Question the Officer’s Training and Procedure
Ask:
- Was the officer properly trained in FST protocols?
- Did they follow the correct steps during the stop?
- Did they provide proper instructions or mislead the driver?
Errors in procedure can cast doubt on the entire test.
2. Point Out Physical or Medical Conditions
If you have a medical condition or physical limitation that could have affected your performance, your attorney can present medical records or expert testimony.
This can significantly weaken the prosecution’s argument that poor performance equals impairment.
3. Use Dashcam or Bodycam Footage
Footage from the scene may show that:
- The testing area was unsafe or uneven
- You followed instructions reasonably
- The officer exaggerated your behavior in the report
Such video evidence can be powerful in court.
4. Hire a Forensic or Field Sobriety Test Expert
Experts can testify about the unreliability of field sobriety tests and explain to the court how environmental or physical factors may have played a role in your performance.
5. Challenge Probable Cause for Arrest
If the field sobriety test was the main factor that led to your arrest, and it was administered improperly or on shaky grounds, your attorney may be able to challenge the probable cause that justified your arrest in the first place.
Can Failing a Field Sobriety Test Lead to Conviction?
Not necessarily. Failing a field sobriety test may justify arrest, but it is not sufficient on its own to convict you of a DWI. Prosecutors typically rely on multiple sources of evidence, including:
- Breathalyzer or blood test results
- Officer’s written report
- Driving behavior (e.g., swerving)
- Witness statements
If the field sobriety test was the primary piece of evidence and you challenge its reliability successfully, the case against you could collapse.
What About Portable Breath Tests (PBTs)?
Minnesota law allows officers to request a Preliminary Breath Test at the scene, usually after field sobriety testing. While these are different from official chemical tests done at the station, the results can still be used to establish probable cause.
However, like FSTs, these devices are also not perfect. If the device was uncalibrated or used incorrectly, the results may be inadmissible.
What If I Already Took and “Failed” the Test?
Even if you performed the test and the officer claimed you failed, you still have options. At Martine Law, we regularly help clients fight back against questionable DWI arrests by:
- Reviewing bodycam footage
- Investigating officer training and credentials
- Consulting medical experts
- Negotiating with prosecutors for reduced charges or dismissal
Don’t assume that just because you took the test and were arrested, you are automatically guilty. With the right legal support, many DWI cases can be beaten or significantly reduced.
Why You Need a DWI Attorney
DWI charges are serious. A conviction can lead to:
- Loss of driving privileges
- Fines and fees
- Increased insurance rates
- Possible jail time
- A permanent criminal record
When your freedom and future are on the line, don’t try to navigate the legal system alone. A qualified DWI defense attorney can help you understand your rights, challenge questionable evidence, and present the strongest case possible.
Contact Martine Law for DWI Defense in Minnesota
Were you arrested after a field sobriety test in Minnesota? We understand how overwhelming the situation can be. At Martine Law, we are committed to defending your rights and fighting unjust charges.
Schedule a free consultation today, and let us help you challenge the evidence and protect your future.
Helpful Resources: