|
If you were arrested for OWI in Michigan, chances are your traffic stop included field sobriety tests — the walk-and-turn, the one-leg stand, and the eye test (HGN). Officers rely on these tests heavily, often using them as the primary basis for making an arrest.
But here’s the truth: Field sobriety tests are far from perfect. In many cases, they are performed incorrectly, interpreted incorrectly, or impacted by factors that have nothing to do with alcohol. As a former prosecutor who now defends OWI cases across Michigan, I can tell you that field sobriety tests are one of the most frequently challenged — and misunderstood — parts of a DUI case. Let’s break it all down clearly. ⭐ What Are Field Sobriety Tests (FSTs)?Michigan officers generally use three standardized tests approved by the National Highway Traffic Safety Administration (NHTSA):
These tests were created to help officers estimate impairment, but they are only reliable when performed and interpreted correctly — and that rarely happens. ⭐ 1. HGN (Horizontal Gaze Nystagmus): The Most Misunderstood Test HGN looks for an involuntary jerking of the eyes. Problems with HGN in Michigan:
What most people don’t know: HGN is NOT admissible as scientific evidence of BAC in Michigan courts. Judges know the test is flawed. Therefore:
If the officer relied heavily on HGN to justify arrest, that’s a red flag — and it can be used to challenge probable cause. ⭐ 2. Walk-and-Turn: The Test Almost No One Performs “Perfectly” This test requires you to:
Here’s the problem: Most sober people struggle with this test. Even NHTSA admits the walk-and-turn is only about 66% accurate — when done perfectly and under ideal conditions. Michigan’s roadside conditions are rarely perfect:
Even mild anxiety can affect performance — let alone the stress of a flashing-lights traffic stop. Officer errors that break this test:
If the test wasn’t done exactly as NHTSA requires, your attorney can challenge its validity. ⭐ 3. One-Leg Stand: A Balance Test, Not an Alcohol Test This test requires you to:
Now think about real roadside conditions:
A client with:
⭐ Are Field Sobriety Tests Required in Michigan? No. You can legally refuse field sobriety tests in Michigan. Refusing:
Most people don’t know this — which is why officers rarely mention that FSTs are voluntary. ⭐ Why Officers Get Field Tests Wrong So Often Most officers in Michigan:
That’s why the police report might say “failed,” but the bodycam tells a very different story. ⭐ Why Field Sobriety Tests Are Still Used Despite Being Unreliable Because the law still allows officers to:
But that doesn’t mean they prove intoxication. In court, the question isn’t: “Did the officer think you were impaired?” It’s: “Is the evidence reliable enough to convict?” These are two very different standards. ⭐ How Field Sobriety Test Problems Lead to Dismissals and Reductions When field tests are flawed, your defense attorney can challenge:
Weak FSTs often result in:
Your attorney will use the bodycam, dashcam, and NHTSA manual to show exactly where the test broke down. ⭐ Final Thoughts: Field Sobriety Tests Are Not the Final Word Field sobriety tests are tools — not proof. They can be helpful, but only when performed correctly. In reality, most Michigan officers do not execute them precisely, and most drivers are tested under conditions that would challenge anyone. That’s why these tests are one of the first things I examine when building a defense. Comments are closed.
|
Available on AmazonJonathan Paul- X-Prosecutor |