Field Sobriety Testing in Indiana

Fort Wayne attorney advises drivers on their rights during traffic stops

If you are pulled over in Indiana on suspicion of driving under the influence (DUI), you may be asked to submit to a field sobriety test. Although drivers are under no obligation to take such tests, many do, thinking they will be able to prove themselves sober. However, it can often work to their disadvantage. If you have taken a field sobriety test in Indiana and have been charged with DUI, you may be able to challenge the use of the test results as evidence against you. At the Law Offices of Ryan E. Lackey in Fort Wayne, we provide the strongest defense possible to DUI charges based on such tests.

What is a field sobriety test?

A field sobriety test is used by Indiana law enforcement officers at traffic stops to evaluate drivers’ possible impairment. A test assesses physical and cognitive abilities by requiring the driver to perform certain tasks. Standardized tests following National Highway Traffic Safety Administration (NHTSA) guidelines are aimed at finding objective evidence of intoxication. But even these tests are subjective and may be prone to errors. Your DUI defense may require challenging field sobriety test results.

Common types of field sobriety tests

Indiana officers typically use three NHTSA-standardized tests: 

• Horizontal gaze nystagmus — The HGN test tracks involuntary eye jerking as a driver follows a moving object, like a pen, with signs of nystagmus suggesting impairment. 
• Walk-and-turn — The driver is required to pace nine steps heel-to-toe along a straight line, turn, and walk back, testing balance and ability to follow instructions. 
• One-leg stand — This test requires the driver to stand on one foot for 30 seconds while counting aloud, testing coordination and stability. 

Officers can also employ informal tests, such as finger-to-nose or alphabet recitation, although those carry less weight in court.

Can you decline a field sobriety test?

In Indiana, drivers can legally decline to perform field sobriety tests without direct penalties such as license suspension. This differs from a chemical test (such as a breathalyzer), which is mandatory under Indiana’s implied consent law. Taking a field sobriety test can have adverse consequences, since it may give police the probable cause they need to arrest you. Though you may still be arrested after refusing a test, at least you will have avoided giving police additional evidence against you.

Accuracy and reliability of field sobriety tests

Field sobriety tests can be unreliable due to their subjective nature. NHTSA studies indicate accuracy rates of 65 to 77 percent for standardized tests under ideal conditions. Real-world factors often reduce reliability further. Environmental conditions — such as uneven roads, low lighting, less than optimal footwear, officer training deficiencies and subjective scoring — can lead to erroneous conclusions. Medical conditions, such as inner ear disorders, injuries, or fatigue, can also affect accuracy. 

Challenging field sobriety test results in court

There are multiple possible grounds for challenging test results, including the following:

• Improper administration — The officer may have deviated from test protocols, such as by giving unclear instructions. 
• Environmental factors — Certain conditions, such as uneven or slick surfaces, poor lighting, inclement weather, or traffic distractions, can impair performance, regardless of intoxication. 
• Officer bias or lack of training — Officers might misinterpret results due to inexperience or to preconceived ideas. 
• Constitutional violations — Police must have reasonable suspicion to pull over a motorist for a suspected traffic violation, including DUI. 

Dashcam or bodycam footage can often expose procedural errors or inconsistencies in police testimony. A skilled Indiana drunk driving lawyer can move to suppress test results, negotiate plea deals, or secure dismissals, which can minimize penalties like jail time or license suspension.

Contact an effective DUI lawyer in Fort Wayne, Indiana for a free consultation

The Law Offices of Ryan E. Lackey offers free consultations for clients suspected of DUI and cost-effective representation to fight the charges against you. Please contact us online or call us at 260-222-7364.