Attorney
Whether you’re heading home from downtown Hendersonville’s Main Street or navigating the winding roads near Chimney Rock, seeing blue lights in your rearview mirror can be nerve-wracking. If an officer suspects impairment, they’ll likely ask you to perform field sobriety tests—but these tests aren’t foolproof, and you have the right to refuse them in North Carolina.
Understanding your options during a DWI stop can make all the difference if you’re facing charges in Columbus or Hendersonville, NC, from our North Carolina DWI defense attorneys.
What Are Field Sobriety Tests?
Field Sobriety Tests (FSTs) are physical and mental exercises performed during traffic stops to help officers determine if a driver may be impaired by alcohol or drugs. These tests are supposed to evaluate your coordination, focus, and ability to follow instructions.
Standardized Field Sobriety Tests (SFSTs)
The National Highway Traffic Safety Administration (NHTSA) has established three standardized field sobriety tests for impaired driving cases: the Horizontal Gaze Nystagmus (HGN) test, which looks for involuntary eye jerking movements; the Walk-and-Turn test, which measures a driver’s ability to maintain balance while following instructions; and the One-Leg Stand test, which evaluates whether someone can balance on one foot while counting.
Non-Standardized Field Sobriety Tests
Unlike SFSTs, these tests are not validated by scientific studies or national standards. They can include tasks like touching your nose with your finger, counting backwards, or reciting the alphabet. Because they lack consistency and reliability, results from non-standardized tests may be more open to challenge in court.
The main goal of an FST is to help officers decide whether there’s probable cause for a DWI arrest. But keep in mind—these tests are not perfect and depend heavily on the officer’s training and judgment.
Do You Have to Take a Field Sobriety Test in North Carolina?
No, you are not legally required to take a field sobriety test during a traffic stop in North Carolina. The fact is:
- Roadside FSTs are voluntary.
- Officers may not tell you that you can refuse—they might strongly suggest you cooperate.
- You won’t face penalties like license suspension just for saying no to a field sobriety test.
This differs from chemical tests (breath or blood tests), which fall under the state’s implied consent laws. Refusing a chemical test after arrest can lead to automatic suspension of your driver’s license.
Can Refusing Affect How Officers Treat You?
Possibly, yes. While there are no legal consequences for refusing a field sobriety test, officers may still interpret your refusal as suspicious behavior. That doesn’t mean you’ll be arrested on the spot, but it might influence their decision to investigate further.
Here’s what to expect:
- Refusal cannot be used to suspend your license or add criminal penalties.
- Officers may still administer a breathalyzer or request a chemical test later.
- Your refusal might be mentioned in a police report or court testimony.
Despite these potential reactions, refusing field sobriety tests is often the smartest legal strategy since these tests are subjective and can be challenged more easily in court than chemical test results.
How Field Sobriety Test Results Are Used in Court
FST results can be admissible in DWI cases, but they don’t hold the same weight as scientific evidence. Judges and juries often consider the conditions of the test and the officer’s conduct when evaluating FST outcomes.
Several factors can impact how a field sobriety test is viewed in court:
- Officer qualifications: Officers are expected to follow strict procedures as taught by the NHTSA. If they lack proper training or deviate from protocol, their findings might be challenged.
- Subjectivity of results: Unlike a breathalyzer’s BAC reading, FSTs rely on visual cues and officer judgment.
- Physical or medical conditions: Someone with balance issues, a bad knee, or certain medications may “fail” these tests even if sober.
- Weather and road conditions: Poor lighting, uneven pavement, or rain can interfere with your ability to perform well.
Here’s what they don’t tell you: Just because you were unable to balance perfectly doesn’t mean you were legally impaired.
Defending Against FST Evidence
If your case involves a field sobriety test, there are several ways to challenge those results. At Sheffron Law, we use every available legal tool to build a strong defense.
Potential defenses include:
- Officer’s failure to give clear instructions.
- Environmental factors like dark roads, sloped shoulders, or traffic noise.
- Personal physical limitations the officer didn’t consider.
- Tests not performed according to NHTSA guidelines.
- Video evidence that contradicts the officer’s version of events.
In many cases, the effectiveness of your defense depends on quick legal action. Preserving dashcam or bodycam footage early can make the difference.
Why You Need Local Legal Support in Columbus and Hendersonville, NC
If you’re charged with a DWI in Polk County or Henderson County, don’t wait to seek legal advice. DWI cases move quickly, and early intervention gives your lawyer more time to investigate your traffic stop, challenge the evidence, and protect your rights.
At Sheffron Law, we represent clients in Columbus, Hendersonville, and surrounding areas. We take a thorough approach:
- Investigating the officer’s training and actions during your DWI stop.
- Reviewing all field sobriety test footage, reports, and procedures.
- Challenging any improper or unfair treatment during your arrest.
- Working to get your charges reduced or dismissed, when possible.
We understand how stressful and confusing a DWI charge can be. Our job is to help you make informed decisions and fight for the best outcome in your case.
Charged with DWI After a Field Sobriety Test? Let’s Talk.
If you’ve been pulled over and asked to perform a field sobriety test in Columbus or Hendersonville, you have options. Don’t let a roadside assessment dictate your future. Contact Sheffron Law today to schedule a confidential consultation and find out how we can defend your case.