Failed a Field Sobriety Test in San Bernardino? Here’s What You Need to Know
If you were pulled over and asked to perform a field sobriety test in San Bernardino County, you’re not alone. Every day, drivers are stopped under suspicion of DUI and asked to perform physical coordination and cognitive tasks on the roadside. These field sobriety tests (FSTs), developed by the National Highway Traffic Safety Administration (NHTSA), are commonly used by law enforcement to determine whether a driver is impaired. But what many people don’t realize is that these tests are often flawed and subjective — and failing them does not mean you're automatically guilty.
At The Law Offices of Kirk Tarman & Associates, we specialize in defending DUI cases in Rancho Cucamonga, San Bernardino, and throughout Southern California. If you’ve failed a field sobriety test, don’t plead guilty or panic — call us first.
What Are Field Sobriety Tests (FSTs)?
Field sobriety tests are physical and mental exercises administered by law enforcement officers during a DUI stop to assess impairment. The three standardized tests recognized by the NHTSA are:
One-Leg Stand
You’re instructed to stand on one leg, about six inches off the ground, while counting aloud ("one thousand-one, one thousand-two…") for about 30 seconds. The officer looks for signs of impairment such as swaying, hopping, using your arms for balance, or putting your foot down.Walk and Turn
This divided-attention test requires you to take nine heel-to-toe steps along a straight line, pivot on one foot, and return in the same manner. The officer is watching for loss of balance, failure to follow instructions, stepping off the line, or using your arms to balance.Horizontal Gaze Nystagmus (HGN)
This test tracks involuntary eye movement. You’re asked to follow a pen or flashlight with your eyes as the officer moves it side to side. Jerky eye movement at certain angles can be a sign of alcohol impairment — but it can also occur for many other reasons.
Are These Tests Really Accurate?
Despite their widespread use, field sobriety tests are not foolproof. According to the NHTSA, even under ideal conditions, the HGN test correctly identifies impairment 88% of the time. That leaves a 12% error rate — and that’s before you factor in real-world variables like weather, medical conditions, nerves, or uneven surfaces.
The One-Leg Stand and Walk and Turn tests are even more unreliable. Factors like age, physical health, footwear, lighting, and even anxiety can lead to a “fail” on these tests — even if you were stone-cold sober.
Common Reasons for Failing a Field Sobriety Test
You might fail a field sobriety test for reasons that have nothing to do with alcohol or drugs. Some examples include:
Poor balance or coordination due to age or injury
Nervousness or confusion
Uneven pavement or poor lighting
Improper instructions from the officer
Fatigue or medical conditions (e.g., inner ear problems, vertigo, neurological issues)
Just because you did not “pass” these roadside tests does not mean you were legally intoxicated.
What Happens If You Refuse the Test?
In California, you are not legally required to submit to field sobriety tests. These are voluntary, despite how officers often present them. However, if you refuse a chemical test (breath or blood) after arrest, your license may be suspended under California’s implied consent laws.
If you did take the FSTs and failed, don’t assume the evidence is rock-solid. A skilled DUI defense attorney can challenge the validity of the tests, the officer’s observations, and the circumstances of your stop.
Challenging a Failed FST in Court
At The Law Offices of Kirk Tarman & Associates, we carefully analyze:
Whether the officer was properly trained
If the tests were conducted according to NHTSA guidelines
Environmental factors that could have skewed the results
Medical conditions or personal factors that could explain your performance
Whether there was probable cause for the stop to begin with
We’ve successfully challenged DUI charges by proving the field sobriety test was inaccurate, biased, or improperly administered.
What Should You Do Next?
If you’ve failed a field sobriety test in San Bernardino, Rancho Cucamonga, or anywhere in Southern California, do not wait to take legal action. The sooner you involve a DUI defense attorney, the better your chances of building a strong case and protecting your license, record, and freedom.
At The Law Offices of Kirk Tarman & Associates, we bring over 25 years of experience defending clients against DUI and criminal charges in San Bernardino, Riverside, Los Angeles, and Orange Counties.
Contact Us Today for a Free Consultation
Don't let a failed field sobriety test determine your future. Call us now for a free consultation and let our experienced DUI attorneys fight for your rights.
📍 Offices in Rancho Cucamonga
📞 (909) 466-9800
🌐 www.tarmanlaw.com