How to Challenge the Results of a Field Sobriety Test

By Jeff Kennedy

You’ve probably heard of field sobriety tests, and you may have already experienced them yourself. If you were pulled over on suspicion of driving under the influence of alcohol, you may have been asked to do a series of tests. These tests are designed to determine whether or not you were intoxicated while driving.

Some common tests used to show intoxication levels are the walk-and-turn test, the one-leg stand test, the breathalyzer test, and the HGN (horizontal gaze nystagmus) test. These tests are not infallible, and you could have been charged with a DUI in Texas based on an inaccurate reading on a breathalyzer or based on an inability to stand on one leg, for example.

If you believe that you’ve been charged with a DUI because of inaccurate field sobriety tests, you need to know that you can challenge these tests in court.

How On-Site Sobriety Tests Can Be Inaccurate

Field sobriety tests can be inaccurate and unreliable in many different ways. For example, with breathalyzer tests, perfumes and other chemicals in the air can throw off the reading. Additionally, because breathalyzers are machines, they can break. They need to be calibrated often to ensure they function properly.

The walk-and-turn test and the one-leg stand test are both designed to test your balance and coordination. These tests could be inaccurate because the pavement was uneven, the person is naturally uncoordinated, or the person was not feeling well for reasons other than alcohol use.

Finally, the HGN test can be invalid because many other issues can cause your eyes to twitch or jerk. Certain neurological disorders, lighting, and medications can cause this type of eye movement.

Why Bother Challenging the Field Sobriety Test Results?

The reason you may want to challenge field sobriety test results is because they can be used to convict you of a DUI. Once you have a drunk driving conviction on your record, it’s there to stay. You will have legal penalties that you must contend with following your conviction, and there will be many other negative issues in your life you’ll be forced to deal with.

You could be unable to work in certain types of jobs due to your driving record or conviction. Your financial stability can go south thanks to the fines and other expenses you will need to pay. You could also suffer from embarrassment for the rest of your life because of your criminal conviction.

Contact a Criminal Defense Attorney Near You

It should now be clear to you that field sobriety tests can be challenged. They are often incorrect or inaccurate, and it’s not right for you to be convicted based on faulty sobriety test results. Your DUI attorney at our firm can help work to prove that the field sobriety tests in your case were not accurate and shouldn’t be used against you.

In some cases, your defense lawyer will be able to get these tests thrown out, which can greatly increase your chances of avoiding a DUI conviction. Call The Law Offices of Jeff C. Kennedy to discuss your case today. Dial 817-605-1010 or utilize the online form at the bottom of this web page to reach us.


Jeff C. Kennedy was the light of hope at the end of very dark storm. He was not only able to defend my case swiftly, but had the alleged charges dismissed completely. His calm and empathetic demeanor offered emotional succor to myself and those I care about most. My children and I are eternally grateful for his excellent service and I hereby recommend Jeff C. Kennedy without reservation.


Jeff Kennedy truly cares. He and his staff kept me informed all the way throughout my case and provided me with all my options and the potential outcomes for my case. When the day finally arrived to resolve my case, Jeff was able to negotiate a reduction to a lesser charge. He was well prepared and coordinated everything perfectly. Jeff is not only a good lawyer, but a good man.


I hired Mr. Jeff Kennedy to handle a DWI charge. From day one, I knew I had picked the right attorney. Jeff always took the time to answer any of my questions, treated me very professionally, and truly cared about my case. I have never been in any kind of trouble before and I was very nervous about the thought of going to trial. Jeff thoroughly explained the entire process to me and made me feel at ease. Jeff took my case to trial and the jury found me NOT GUILTY!


Jeff Kennedy is a professional, intelligent, easy-to-talk-to lawyer with an excellent understanding of how the system works. Jeff was able to get my twice the legal limit BAC thrown out and he kept me from having an interlock device put on my car. This has been my only big mistake in life so far (hopefully the last) and I am glad he was there to walk me through it. You will not regret hiring him.

9133 Belshire Dr
North Richland Hills,
Texas 76182
301 W Vickery Blvd Suite #101
Fort Worth, Texas 76104
303 W Abram St
Texas 76010
Back To Top