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Law Offices Of Barry A. Resnick, PLLC
  • Home
  • About
    • Resnick, Barry A.
  • Criminal Defense Overview
    • Drug Offenses
    • DUI / OWI
    • Sex Crimes
    • White Collar Crimes
  • Testimonials
  • Blog
  • Referring Attorneys
  • Royal Oak Criminal Defense Law Office
  • Contact Us
248-419-1035

Aggressive Criminal Defense

Former Prosecutor With Over 50 Years Of Experience.

Field Sobriety Tests: Are They Reliable?

On Behalf of Law Offices of Barry A. Resnick, PLLC | Oct 20, 2025 | DUI/OWI

If you’ve ever been pulled over for suspected drunk driving, you probably know that field sobriety tests can play a critical role in an OWI (Operating While Intoxicated) case. Law enforcement officers often use these roadside tests to help determine whether a driver is impaired. But how reliable are these assessments, and what should you know if you’re asked to perform them? Understanding how field sobriety tests work, and their limitations, is essential when your rights and record may be on the line.

The Reliability Question

Although police and prosecutors may claim that FSTs are reliable indicators of impairment, the truth is much more complicated. These are not medical exams but rather subjective evaluations, often performed under stressful and less-than-ideal conditions. Medical issues, nerves, fatigue, uneven pavement, poor lighting, or even ambiguous instructions can cause someone to “fail”, even if they’re completely sober. The interpretation of your performance is left entirely to the officer, who may already suspect you of wrongdoing.

The three standardized tests recognized by the National Highway Traffic Safety Administration (NHTSA)—the Horizontal Gaze Nystagmus, the Walk-and-Turn, and the One-Leg Stand, are only as accurate as the officer’s ability to properly administer and objectively assess them. Unfortunately, mistakes happen, and biases can influence the result.

Your Legal Rights in Michigan

It is critical to know that in Michigan, participation in these field sobriety tests is strictly voluntary. You have the right to refuse them, and doing so does not carry automatic penalties. If you did choose to participate and are now facing charges, remember: failing a field sobriety test is not an automatic conviction. As your legal advocate, I have the tools and resources to challenge the administration and validity of these tests, scrutinizing every detail on your behalf.

Protect Your Future, Contact an Experienced Defense Attorney

If you’re accused of OWI based on a field sobriety test, don’t let one moment on the roadside determine your future. I am dedicated to providing tough, knowledgeable representation and will fight to protect your rights at every stage of the case. Let’s discuss your defense options and work toward the best possible outcome. Contact us by filling out our contact form or call 248-419-1035 for a confidential consultation.

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