Most DWI arrests in Arkansas begin with roadside tests. How those tests are administered — and what they actually prove — can make or break your case.
1. What Are Field Sobriety Tests?
Field sobriety tests (FSTs) are roadside examinations such as the walk-and-turn, one-leg-stand, and horizontal gaze nystagmus (HGN). Police use them to assess impairment. But in Arkansas, these tests are not mandatory, and their reliability is often questioned.
2. You Can Refuse FSTs — No License Suspension
Unlike chemical tests, refusing a field sobriety test does not trigger automatic license suspension under Arkansas law. Many clients assume they must comply, and that assumption alone can be costly. In fact, refusing may reduce the amount of usable evidence.
3. Many FSTs Are Flawed or Misapplied
Studies show that even healthy, sober individuals frequently fail FSTs under challenging conditions. For example:
-
Poor lighting, uneven surfaces, or weather can invalidate results
-
Injuries, age, and medical conditions can affect performance
-
Officers may not follow the National Highway Traffic Safety Administration (NHTSA) protocols
4. How These Tests Impact Your DWI Case
If an officer uses FSTs to justify arrest or probable cause, your attorney should examine:
-
Was the test scene safe and level?
-
Did the officer properly instruct you?
-
Did the officer document errors or conditions (weather, footwear, surface)?
-
Was the officer trained and certified in the test used?
If any of these are weak, the test’s role in your case may be challenged or suppressed.
5. What to Do If You’re Asked to Do an FST
If you are pulled over and asked to perform field sobriety tests:
-
Politely say you’d prefer to speak with your attorney before doing any tests
-
Avoid admitting weakness or impairment
-
Ask whether the test area is safe, well-lit, and level
-
Take note of the conditions (surface, lighting, shoes, weather)
Bottom Line
Field sobriety tests often serve as the critical link to an arrest in an Arkansas DWI case. While they are common, they are far from fool-proof. As an attorney with experience in Little Rock, I evaluate every FST circumstance from start to finish to identify weak links. If you were asked to perform an FST, contact my office for a detailed review.
This blog post is provided for general informational purposes only and does not constitute legal advice. Reading this content does not create an attorney-client relationship with Wesley Rhodes, Attorney at Law. If you need legal advice about your specific situation, you should consult with a qualified criminal defense attorney.