What Police Look for in Field Sobriety Tests in Arkansas (And Why They’re Not Scientific)
If you’ve been pulled over for suspected DWI in Arkansas, you’ve probably heard terms like “HGN,” “walk-and-turn,” or “one-leg stand.” Officers treat these tests as if they are scientific proof of impairment — but they’re not. In fact, they are some of the most subjective and misapplied tools in policing.
Here’s what actually happens during field sobriety tests (FSTs), what officers look for, and why these tests can be successfully challenged.
Field Sobriety Tests Are Designed for You to Fail
Field sobriety tests are not neutral. They are designed and interpreted in ways that favor the State. Officers are trained to look for “clues,” but these clues often have nothing to do with intoxication. Nervousness, injuries, weight, fatigue, age, anxiety, or uneven surfaces can all cause a “failure.”
1. The Horizontal Gaze Nystagmus (HGN) Test Is Overused and Poorly Performed
HGN supposedly detects involuntary jerking of the eyes. But officers often administer this test incorrectly by:
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holding the stimulus too high or too low
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moving it too fast
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standing too close
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using flashing lights in the background
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failing to establish a baseline for medical conditions
Even trained officers frequently fail to perform the test according to protocol.
HGN is NOT a scientific measurement of intoxication, and Arkansas judges regularly question the way officers conduct it.
2. The Walk-and-Turn Test Is Affected by Almost Everything Except Alcohol
Officers look for:
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stepping off the line
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missing heel-to-toe
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using arms for balance
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taking the wrong number of steps
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starting too early
But these “clues” often happen because of:
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uneven pavement
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gravel or debris
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rain or cold
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nerves
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poor lighting
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age or weight
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balance issues
Not intoxication.
3. The One-Leg Stand Is Practically Impossible for Many Sober People
This test requires you to:
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balance on one foot,
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keep your hands down,
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stare at your toe,
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count out loud,
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and remain perfectly still.
Many sober adults cannot perform this test under ideal conditions — much less on the roadside with police lights flashing.
4. Officers Rarely Consider Medical Conditions
FSTs are invalid for people with:
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back injuries
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knee surgeries
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inner ear problems
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neuropathy
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age-related balance issues
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weight-related balance issues
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anxiety disorders
Yet officers routinely ignore these limitations.
5. Video Footage Often Shows Officers Exaggerating “Clues”
Bodycam and dashcam videos frequently contradict the officer’s report. What the officer claims was “swaying” or “stumbling” often looks like normal movement under stressful conditions.
6. You Are Not Required to Perform Field Sobriety Tests
Arkansas law does not require you to:
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walk a line,
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stand on one foot,
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follow a pen with your eyes.
These tests are voluntary — though officers almost never tell you that.
7. FST Errors Can Lead to Suppression or Dismissal
When FSTs were administered incorrectly, courts often find:
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lack of probable cause,
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unreliable testing,
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insufficient grounds for arrest.
Defense attorneys routinely win cases by attacking these tests.
Bottom Line
Field sobriety tests are not scientific, not reliable, and not mandatory. If your DWI case relies heavily on FSTs, there’s a strong chance the testing can be challenged — and the case reduced or dismissed.
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.