Law enforcement in many states, including Pennsylvania, utilize the field sobriety test as a way to determine if someone may be intoxicated without using a breath or chemical test. This can be a quick way to get a drunk driver off the road during a routine traffic stop. However, passing a field sobriety test isn’t as easy as people may think. Even those who haven’t been drinking may have trouble performing the actions that are conducted during a standardized field sobriety test.
These actions include balancing on one leg while reciting the alphabet and walking in a straight line, then turning and walking back. During both of these tests, subjects should not lose their balance or use their arms to steady themselves. Officers may also listen for slurred speech and use the horizontal gaze nystagmus test – checking whether the eyeball jerks or bounces, a common sign of intoxication.
According to NBC 29 News, several sober people who performed field sobriety tests had difficulty balancing or walking in a straight line, merely to being naturally uncoordinated or nervous. This suggests that those with balance problems, medical conditions, injuries or other impairments may end up with a false positive and be arrested for DUI, despite not having had anything to drink. Additionally, people with speech impediments might also be mistaken as intoxicated.
Under Pennsylvania’s DUI statute, those arrested for a first-time DUI face numerous penalties, including fines, probation, license suspension, and even jail time, depending on their blood alcohol concentration at the time of the offense. Those whose arrests were based on faulty field sobriety tests may also end up with a drunk driving record.
Frequently Asked Questions
Can a sober person fail a field sobriety test?
Yes. Balance problems, medical conditions, injuries, nervousness, or natural coordination issues can cause a sober person to struggle with the same tasks used to evaluate intoxication.
What are the standardized field sobriety tests officers use?
Officers commonly use the walk-and-turn test, the one-leg stand, and the horizontal gaze nystagmus test, which checks for involuntary eye jerking associated with intoxication.
Can a speech impediment be mistaken for intoxication?
Yes. Officers often listen for slurred speech as a sign of intoxication, which means a person with a genuine speech impediment could be mistakenly suspected of driving under the influence.
Can I challenge a DUI arrest based on a failed field sobriety test?
Yes. An experienced DUI defense attorney can challenge the reliability of field sobriety test results, especially where a medical condition, disability, or testing error may explain the performance.
What should I do if I was arrested for DUI after failing a field sobriety test?
Speak with an experienced DUI defense attorney as soon as possible. They can review the circumstances of the stop and testing to determine whether your rights were violated or the results are unreliable.
Facing a DUI Charge Based on a Field Sobriety Test? Contact RGSG
If you were arrested for DUI after a field sobriety test, the criminal defense attorneys at Rubin, Glickman, Steinberg & Gifford, P.C. can review the circumstances of your stop and challenge unreliable test results. Contact us online or call (215) 822-7575 to schedule a consultation.
Rubin, Glickman, Steinberg & Gifford P.C.
Pennsylvania Attorney's
August 25, 2026
