Pulled Over and Asked to Take a Field Sobriety Test in Washington? Your Next Steps

Being pulled over is stressful, especially if the officer suspects you of driving under the influence (DUI). In Washington, one of the first steps officers may take to confirm their suspicions is asking you to perform a field sobriety test (FST). Understanding your rights and knowing what to do in this situation can make a significant difference in the outcome of your case.

At LaCross & Murphy, our DUI defense attorneys fiercely advocate for clients facing DUI charges in Kitsap County. If you’ve been asked to take a field sobriety test, we’re here to help you navigate your next steps.

What Are Field Sobriety Tests?

Field sobriety tests are physical and cognitive tasks administered by law enforcement officers to assess whether a driver is impaired. These tests are designed to gauge coordination, balance, and focus. The results can contribute to the officer’s decision to arrest you for DUI.

Common Field Sobriety Tests

In Washington, officers typically administer three standardized FSTs:

Horizontal Gaze Nystagmus (HGN) Test

Measures involuntary eye movements while you follow an object with your eyes.
Alcohol impairment can cause noticeable jerking of the eyes.

Walk-and-Turn Test

Requires you to walk heel-to-toe in a straight line, turn, and return.
Tests balance, coordination, and ability to follow instructions.

One-Leg Stand Test

Involves standing on one leg for a set period while counting aloud.
Assesses balance and focus.

While these tests are standardized, the officer’s subjective interpretation plays a significant role, which can make results less reliable.

Are Field Sobriety Tests Mandatory in Washington?

In Washington, field sobriety tests are voluntary. You are not legally required to perform them, and refusing to do so does not result in automatic penalties, such as license suspension. However, refusal may influence the officer’s decision to arrest you, as they can rely on other observations or evidence.

Factors That Can Affect Field Sobriety Test Performance

Field sobriety tests are far from foolproof. Numerous factors unrelated to alcohol or drug impairment can impact your ability to perform well, such as:

Medical conditions: Inner ear disorders, neurological issues, or injuries can affect balance and coordination.
Environmental conditions: Uneven pavement, poor lighting, or bad weather can interfere with performance.
Nervousness: Anxiety during the test can make it harder to focus or follow instructions.
Physical limitations: Age, weight, or physical fitness levels may influence your ability to complete certain tasks.

These factors highlight why field sobriety test results are often unreliable as sole evidence of impairment.

What to Do If You’re Asked to Perform a Field Sobriety Test

Being stopped by the police can be intimidating, but staying calm and knowing how to handle the situation can make a difference.

1. Stay Polite and Cooperative

Remain calm and respectful throughout the encounter.
Provide your driver’s license, registration, and proof of insurance when requested.

2. Know Your Rights

You can politely decline to perform field sobriety tests. Say something like, “I do not wish to perform these tests.”
Refusing FSTs does not protect you from being arrested, but it may limit the evidence against you.

3. Do Not Admit Fault

Avoid making incriminating statements, such as admitting to drinking.
Anything you say can be used against you later.

What Happens If You Fail a Field Sobriety Test?

Failing a field sobriety test does not automatically mean you’ll be convicted of DUI. However, it does increase the likelihood of an arrest. If this happens, the officer may ask you to take a breathalyzer or blood test to measure your blood alcohol concentration (BAC).

In Washington, refusing a breath or blood test can result in:

License suspension for at least one year under the state’s implied consent law.
Evidence of refusal being used against you in court.

If you’ve been arrested after failing a field sobriety test, contacting an attorney as soon as possible is crucial to protecting your rights.

Why Field Sobriety Tests Are Challenged in Court

Field sobriety tests are often challenged in court due to their subjective nature and high potential for error. Common defenses include:

Improper administration: Officers must follow strict guidelines when conducting FSTs. Deviations can invalidate results.
Physical or medical conditions: These may explain poor performance without indicating impairment.
Environmental factors: Weather, road conditions, or footwear may have impacted your ability to perform the tests.

At LaCross & Murphy, we thoroughly investigate the circumstances of your arrest to challenge unreliable evidence and build a strong defense.

Protecting Yourself After a DUI Arrest

If you’re arrested for DUI after refusing or failing a field sobriety test, here are your next steps:

Document Everything

Write down everything you remember about the traffic stop, including the officer’s behavior, your statements, and test conditions.

Request a Department of Licensing (DOL) Hearing

You have 7 days to request a hearing to challenge your license suspension.

Contact a DUI Defense Attorney

An attorney can guide you through the legal process, help you understand your options, and fight for the best possible outcome.

How LaCross & Murphy Can Help

Facing a DUI charge is daunting, but you don’t have to navigate it alone. At LaCross & Murphy, we take DUI defense seriously and personalize our approach with every case to provide you with the best defense. We’ll work to protect your rights, challenge unreliable evidence, and advocate for the best possible resolution to your case.

Call us today at (360) 447-9365 or visit our website to schedule an appointment.