FIELD SOBRIETY TESTS IN HANNIBAL, MISSOURI: DO YOU HAVE TO TAKE THEM?

When a police officer in Hannibal, Missouri, pulls you over on suspicion of driving while intoxicated (DWI), they may ask you to perform field sobriety tests (FSTs). But are you legally required to take them? And what happens if you refuse? In this blog, we’ll break down Missouri’s laws on field sobriety tests, explain your rights, and help you understand the consequences of your decisions.

What Are Field Sobriety Tests and How Are They Performed?

Field sobriety tests (FSTs) are designed to help law enforcement officers determine whether a driver is impaired. These tests evaluate coordination, balance, and cognitive ability. The National Highway Traffic Safety Administration (NHTSA) recognizes three standardized field sobriety tests, which must be administered in a specific way to ensure accuracy.
Field sobriety tests are physical and cognitive exercises designed to assess whether a driver is impaired. The National Highway Traffic Safety Administration (NHTSA) recognizes three standardized field sobriety tests:

Horizontal Gaze Nystagmus (HGN) – The officer asks you to follow a moving object, such as a pen or flashlight, with your eyes. The officer is looking for involuntary jerking of the eyes (nystagmus), which is more pronounced when someone is intoxicated. If performed correctly, the officer should move the object slowly and steadily to observe whether your eyes track smoothly or exhibit jerking movements before reaching a 45-degree angle. They are looking for involuntary jerking of the eyes, which can indicate intoxication.
Walk-and-Turn Test – This is a divided-attention test that assesses coordination and ability to follow instructions. You must take nine heel-to-toe steps in a straight line, pivot, and return in the same manner. Officers look for signs of impairment such as stepping off the line, using arms for balance, failing to take the correct number of steps, or stopping mid-test. This tests balance and coordination.
One-Leg Stand Test – You are required to stand on one foot, raising the other approximately six inches off the ground, while counting aloud. The officer observes for swaying, hopping, or using arms for balance, which could indicate impairment. The test should be performed on a level, non-slippery surface and under proper lighting conditions for accuracy. This measures coordination and concentration.

Officers may also ask you to perform other, non-standardized tests, such as saying the alphabet backward or touching your nose.

Are You Required to Take Field Sobriety Tests in Missouri?

No. Missouri law does not require drivers to submit to field sobriety tests. You have the legal right to refuse them.

Unlike breath or blood tests, which fall under Missouri’s Implied Consent Law (RSMo § 577.020) and can lead to license suspension if refused, field sobriety tests are completely voluntary. There is no automatic penalty for refusing them.

Should You Refuse Field Sobriety Tests?

Refusing field sobriety tests is often the best decision for a driver suspected of DWI. Here’s why:

FSTs Are Subjective – The officer’s interpretation of your performance is highly subjective. Even sober people can fail due to poor balance, nervousness, or medical conditions.
Results Can Be Used Against You – If you perform the tests and struggle, the prosecution will use this as evidence of impairment.
No Legal Penalty for Refusal – Unlike refusing a breathalyzer, refusing FSTs won’t lead to an automatic driver’s license suspension.

However, keep in mind that refusing FSTs does not prevent arrest. If the officer believes there is enough probable cause—such as slurred speech, the smell of alcohol or marijuana, or erratic driving—you may still be arrested for DWI.

What Happens If You Refuse Field Sobriety Tests?

If you refuse to take FSTs, the officer may:

Rely on other observations to justify an arrest.
Ask you to submit to a breath or blood test.
Include your refusal in the police report, which could be mentioned in court.

However, without the FSTs as evidence, the prosecution has less to work with when trying to prove impairment.

Missouri Case Law on Field Sobriety Tests

Several Missouri court cases have addressed FST refusals and their impact on DWI cases:

State v. Burks, 373 S.W.3d 1 (Mo. Ct. App. 2012) – The court ruled that refusal to take field sobriety tests cannot be used as direct evidence of guilt.
State v. Wacker, 311 S.W.3d 370 (Mo. Ct. App. 2010) – Established that FST results alone do not prove intoxication beyond a reasonable doubt.
State v. Roesing, 573 S.W.3d 634 (Mo. Ct. App. 2019) – Reinforced that officer testimony about FSTs can be challenged as subjective and unreliable.

What If the Field Sobriety Tests Were Not Performed Correctly?

Field sobriety tests are not foolproof, and their reliability depends on proper administration. Officers must follow strict procedures outlined by the NHTSA to ensure valid results. If they fail to do so, the test results may be challenged in court. Factors that can affect test accuracy include:

Administering the test on an uneven or slippery surface.
Lack of proper lighting.
The officer failing to provide clear instructions.
Medical conditions affecting balance or vision.
Weather conditions such as strong winds or rain.

What If You Took the Field Sobriety Tests and Failed?

If you took the FSTs and the officer claims you failed, you may still have a strong defense. FSTs are not foolproof, and many factors can affect performance, including:

Medical conditions (vertigo, inner ear issues, injuries)
Weather conditions (slippery roads, uneven pavement)
Poor footwear (heels, flip-flops)
Fatigue or nervousness

A skilled DWI defense attorney in Hannibal can challenge the officer’s interpretation of the test results and argue that your alleged failure does not prove impairment.

What Should You Do If Stopped for DWI in Missouri?

If you are pulled over and suspected of DWI:

Remain calm and respectful.
Do not admit to drinking or using drugs. You are not required to answer questions about alcohol or drug use.
Refuse the field sobriety tests. You are not legally required to take them.
If asked to take a breathalyzer, know the consequences. Refusing a breath test can result in an automatic license suspension under Missouri’s Implied Consent Law.
Ask to speak to an attorney. You have the right to legal counsel before making decisions that could affect your case.

Frequently Asked Questions (FAQs)

1. Can I be arrested if I refuse field sobriety tests?
Yes. The officer can still arrest you based on other observations, such as slurred speech, erratic driving, or the smell of alcohol or drugs.

2. Will refusing FSTs make me look guilty?
No. Missouri courts have ruled that refusing field sobriety tests cannot be used as direct evidence of guilt (State v. Burks, 2012).

3. What if I took the tests and passed?
Even if you did well, the officer may still arrest you based on other factors. This is why it’s often best to refuse.

4. Are field sobriety tests required by law in Missouri?
No. FSTs are voluntary, and you are legally allowed to refuse them without penalty.

5. What should I do if I was arrested after refusing field sobriety tests?
Contact an experienced DWI defense attorney as soon as possible. They can help challenge the evidence against you and build a strong defense.

Contact a Hannibal DWI Lawyer Today

If you were pulled over for suspected DWI in Missouri, knowing your rights is crucial. At Bond Law Firm, LLC, we fight aggressively to protect your rights and challenge weak DWI evidence.

📍 Bond Law Firm, LLC
📍 102 N. Main St., Palmyra, MO 63461
📞 Phone: 573-769-6155
📠 Fax: 573-303-3774
📧 Email: eric@bondlawfirm.com

Don’t face DWI charges alone. Call us today for a free consultation.