Galveston DWI Attorney - Can Standardized Field Sobriety Tests be administered to everyone?

Galveston DWI Attorney - Can Standardized Field Sobriety Tests Be Administered to Everyone?

Galveston DWI Attorney - Standardized Field Sobriety Tests and who should not do the tests.

Standardized Field Sobriety Tests (SFSTs) are widely used by law enforcement to detect impairment during DWI stops. However, according to the National Highway Traffic Safety Administration’s (NHTSA) SFST Refresher Instructor Guide, these tests are not suitable for everyone. In fact, there are explicit physical and medical restrictions on who can be tested and how results must be interpreted.

Who Should Not Be Given SFSTs?

The NHTSA refresher manual outlines several specific categories of individuals for whom the SFSTs may be unreliable, inappropriate, or inadmissible, including:

1. Individuals Aged 65 or Older

Officers are instructed to exercise caution when administering SFSTs to individuals over 65. As the manual notes, aging can naturally affect balance, coordination, and vision—all of which are heavily relied upon during tests like the Walk-and-Turn and One-Leg Stand. Misinterpreting age-related limitations as intoxication can lead to wrongful arrests.

2. Persons with Significant Weight (50+ lbs. Overweight)

People who are more than 50 pounds overweight may have difficulty performing the Walk-and-Turn and One-Leg Stand tests due to biomechanical disadvantages—not due to intoxication. The manual states clearly that officers should take body type into account when assessing test results, as poor performance may be unrelated to alcohol or drug impairment.

3. Those with Physical Disabilities or Recent Injuries

SFSTs are not appropriate for individuals with:

• Knee, leg, hip, or back injuries

• Inner ear disorders or neurological conditions

• Balance disorders or chronic pain syndromes

• Recent surgeries or mobility limitations

These conditions can significantly impair a person's ability to perform divided-attention or balance tasks—rendering test results unreliable and potentially prejudicial.

4. People With Recent Head Trauma or Brain Injuries

Especially relevant to the Horizontal Gaze Nystagmus (HGN) test: the manual emphasizes that individuals who have suffered a recent head injury or concussion may display nystagmus (involuntary eye movement) unrelated to alcohol consumption. Officers are trained to assess for medical history and disqualify such individuals from the HGN portion of testing.

SFSTs Must Be Administered Under Controlled Conditions

The NHTSA emphasizes that all three SFST components—the HGN, Walk-and-Turn, and One-Leg Stand—must be performed under standardized, validated conditions:

• Flat, dry, well-lit surfaces

• Minimal distractions (e.g., no flashing lights in the subject’s eyes during HGN)

• Strict adherence to standardized instructions and timing

Failure to meet these standards can compromise test validity. Importantly, deviation from protocol or failure to screen for disqualifying conditions can make the test results inadmissible in court.

Are These Tests Voluntary?

Yes. In Texas, participation in SFSTs is voluntary, and officers are not legally required to inform drivers of this. You can refuse SFSTs without incurring automatic license suspension or penalties. Unlike chemical testing (which is covered by Texas’s implied consent law), there is no legal requirement to perform physical field sobriety tests.

What Should You Do If Asked to Perform SFSTs in Galveston?

If you're stopped for suspected DWI and asked to perform SFSTs, consider the following:

• You can politely refuse and request to speak with an attorney.

• If you have any of the above-listed limitations (age, weight, medical history), inform the officer.

• If you choose to perform them, be aware that performance errors unrelated to intoxication can still be interpreted as clues of impairment.

Conclusion: SFSTs Are Not for Everyone—Know Your Rights

SFSTs are scientifically validated only under strict conditions and only for individuals who meet specific physical criteria. Galveston police officers must consider age, body type, injuries, and medical history before administering or interpreting SFSTs.

If you believe you were unfairly subjected to these tests—or if they were administered improperly—an experienced Galveston DWI attorney can challenge their admissibility and argue for suppression of tainted evidence.