If you’re pulled over for suspected drunk driving in New Hampshire, the officer may ask you to perform a series of tasks known as field sobriety tests (FSTs).
These roadside tests are designed to assess whether you’re impaired, but many people don’t realize they have the right to refuse them.
Understanding what field sobriety tests involve and how they are used in DUI investigations can help you protect your rights and make informed decisions.
What Are Field Sobriety Tests?
Field sobriety tests are physical and cognitive exercises used by law enforcement officers to evaluate a driver’s coordination, balance, and ability to follow instructions.
These tests are typically administered during a traffic stop when an officer suspects a driver may be under the influence of alcohol or drugs.
The results of these tests can be used to establish probable cause for a DUI arrest. However, they are not foolproof and often rely heavily on the officer’s subjective interpretation.
That means even sober drivers can perform poorly due to nerves, health issues, or environmental conditions.
Standardized vs. Non-Standardized Tests
Field sobriety tests fall into two categories: standardized and non-standardized.
Understanding the difference is important when evaluating the accuracy and admissibility of these tests in court.
Standardized Field Sobriety Tests
The National Highway Traffic Safety Administration (NHTSA) has developed three standardized tests that police departments across the country widely use:
- Horizontal Gaze Nystagmus (HGN)
This test checks for involuntary jerking of the eye as it follows a moving object. Officers look for specific eye movements that may indicate intoxication.
- Walk-and-Turn
This test requires a person to walk heel-to-toe along a straight line, turn, and return. It assesses balance, coordination, and the ability to follow instructions.
- One-Leg Stand
The driver is asked to stand on one leg for about 30 seconds while counting aloud. Officers observe for swaying, hopping, or using arms for balance.
Non-Standardized Field Sobriety Tests
Non-standardized tests are not recognized by the NHTSA and vary from one officer or jurisdiction to another.
They include:
- Reciting the alphabet (usually starting from a letter other than “A”)
- Counting backward from a specific number
- Touching your nose with your finger while your eyes are closed
These tests have no scientific basis for measuring impairment and are even more susceptible to subjectivity.
Are Field Sobriety Tests Mandatory in New Hampshire?
In New Hampshire, field sobriety tests are not mandatory. You have the legal right to politely refuse to perform them without facing automatic penalties like license suspension.
This is different from refusing a post-arrest chemical test (like a breathalyzer), which can lead to penalties under the state’s implied consent law.
It’s important to note, however, that refusing FSTs does not mean you won’t be arrested.
Officers may still arrest you based on other observations, such as slurred speech, erratic driving, or the smell of alcohol. Still, declining these tests can limit the evidence used against you in court.
How Reliable Are Field Sobriety Tests?
Despite their widespread use, field sobriety tests are far from reliable. Several factors can influence a person’s performance:
- Subjective interpretation
Officers may see what they expect to see, especially if they already believe you’re intoxicated.
- Environmental factors
Uneven pavement, poor lighting, rain, snow, or wind can all impact performance.
- Medical or physical conditions
Inner ear problems, neurological disorders, age, or weight can affect balance and coordination.
- Stress and anxiety
Being pulled over and asked to perform unfamiliar tasks can be unnerving, even for sober individuals.
Because of these variables, even a completely sober person might fail or appear impaired during a field sobriety test.
Can You Challenge Field Sobriety Test Results in Court?
Yes, field sobriety test results can and often should be challenged in court. A skilled DUI defense attorney will evaluate several aspects of your case, including:
- Improper test administration
If the officer failed to follow NHTSA protocols, the test results may be considered unreliable.
- Lack of officer training
Officers must be properly trained and certified to administer standardized FSTs.
- Bodycam or dashcam footage
Video evidence can help contradict the officer’s written report and show whether you actually appeared impaired.
- Alternative explanations
Medical records and expert testimony can demonstrate that poor performance was due to a legitimate physical or mental condition unrelated to intoxication.
Successfully challenging the validity of FST results can significantly weaken the prosecution’s case.
Field Sobriety Tests and DUI Arrests
Field sobriety tests often serve as the first step toward a DUI arrest. If the officer believes you failed the tests, they may use that as justification to arrest you and request a chemical test (breath, blood, or urine).
It’s common for law enforcement vehicles in New Hampshire to be equipped with dashcams or for officers to wear body cameras.
This footage becomes crucial in DUI cases because it provides a more objective view of your behavior and performance during the stop.
After an arrest, any field sobriety test results may be included in the police report and submitted as evidence in court. However, they are not always definitive proof of impairment.
What to Do If You’ve Been Arrested After a Field Sobriety Test
If you’ve been arrested following a field sobriety test in New Hampshire, it’s important to act quickly and protect your rights:
- Remain calm
Don’t argue or resist arrest.
- Do not volunteer information
You have the right to remain silent.
- Ask for a lawyer
Politely state that you wish to speak with an attorney before answering any questions.
- Avoid discussing the case
Do not speak to law enforcement or anyone else about what happened without legal counsel.
- Document everything
Write down everything you remember about the traffic stop and tests as soon as possible.
Your attorney can use this information to help build your defense and explore whether your arrest was lawful and the test results admissible.
Why You Need a DUI Defense Lawyer in New Hampshire
DUI laws in New Hampshire are complex, and the consequences of a conviction can be severe, ranging from fines and license suspension to possible jail time. A knowledgeable
A DUI defense lawyer will:
- Analyze the legality of the traffic stop
- Review the administration and accuracy of field sobriety tests
- Identify constitutional violations or procedural errors
- Advocate for reduced charges or case dismissal when appropriate
Having a skilled attorney who understands how New Hampshire courts handle FST evidence gives you a stronger chance at a favorable outcome.
If you’ve been charged with DUI in New Hampshire, don’t face the legal system alone. A conviction can have lasting effects on your freedom, license, and reputation. Contact Naro Law Firm today at (603) 945-8135 for a free consultation and let us fight to protect your rights and your future.
