Field Sobriety Tests in Arkansas: What They Measure… and What They Miss
- Morledge Law
- Apr 24
- 4 min read
Let’s set the scene. You’re driving through Little Rock—maybe heading home from dinner in the Heights, maybe crossing the river into North Little Rock—and suddenly, lights. You get pulled over.
The officer steps up, asks a few questions, then says it: “Step out of the vehicle. We’re going to do a few tests.”
They call them Field Sobriety Tests. Sounds official. Scientific, even.
They’re not. Not really.
What Are Field Sobriety Tests?
Field Sobriety Tests (FSTs) are physical and mental exercises officers use roadside to decide whether they think you’re impaired.
In Arkansas—and everywhere else—there are three “standardized” tests recognized by the National Highway Traffic Safety Administration (NHTSA):
Horizontal Gaze Nystagmus (HGN)
The officer moves an object (usually a pen or finger) side to side and watches your eyes for involuntary jerking.
Translation: they’re looking for how your eyes track movement.
Walk-and-Turn
You’re asked to walk heel-to-toe in a straight line, turn, and walk back.
Sounds easy. Try doing it on the side of the road, at night, with cars flying by.
One-Leg Stand
Stand on one leg, count out loud, don’t sway.
Again—simple on paper. Less so in real life.
How These Tests Are Supposed to Work
The idea is that alcohol affects:
Balance
Coordination
Divided attention (doing two things at once)
So officers look for “clues”:
Stepping off the line
Using arms for balance
Starting too early
Missing heel-to-toe contact
Each “clue” adds up in the officer’s mind.
And eventually, that mental tally turns into probable cause.
Here’s the Problem…
These tests aren’t nearly as objective as they sound.
Not even close.
They’re Highly Subjective
At the end of the day, the officer decides whether you “passed” or “failed.”
There’s no machine. No printout. No hard number.
Just observations—and interpretation.
Conditions Are Rarely Ideal
Let’s be honest—when was the last time you walked a perfectly straight line on gravel, in the dark, while nervous, with someone watching your every move?
Exactly.
Factors that affect performance:
Uneven pavement
Poor lighting
Weather (wind, rain, heat)
Traffic noise
Footwear (heels, boots, sandals)
None of that has anything to do with alcohol.
Your Body Might Be Working Against You
You don’t need to be impaired to “fail” these tests.
Things that can throw you off:
Injuries (knee, back, ankle)
Inner ear issues
Balance problems
Age
Weight
Anxiety (a big one)
Nervous? Heart racing? Hands shaking? Congratulations—you might look “impaired” on paper.
They’re Designed to Build a Case—Not Clear You
This part matters.
Officers aren’t administering these tests to prove you’re sober. They’re looking for reasons to justify an arrest.
Once the process starts, it tends to move in one direction.
Arkansas Law: Do You Have to Take Field Sobriety Tests?
Here’s where people get tripped up.
In Arkansas:
→ Field Sobriety Tests are voluntary.
Read that again.
Unlike breath, blood, or urine tests (which fall under Arkansas’s implied consent law), you are not legally required to perform field sobriety tests.
There is no automatic license suspension for refusing FSTs.
That’s a big distinction.
What Happens If You Refuse?
If you politely decline:
The officer may still arrest you based on other observations
You may still be asked to take a chemical test (breath, blood, or urine)
Refusal may raise suspicion—but it’s not illegal
So the decision becomes strategic, not automatic.
What To Do (and Not Do) During a DWI Stop in Arkansas
Let’s keep this grounded in reality. Whether you’re in Little Rock, Conway, Benton, Bryant, Hot Springs, Pine Bluff, Fayetteville, Fort Smith, or Jonesboro, the fundamentals stay the same.
What You SHOULD Do
Stay calm — easier said than done, but it matters
Be polite and respectful
Provide required documents (license, registration, insurance)
Listen carefully to instructions
What You Should THINK About Before Acting
Field sobriety tests are voluntary
They are subjective and often flawed
You are allowed to politely decline
What You Should NOT Do
Don’t argue roadside You won’t win that debate there
Don’t overshare “I only had one drink” is said thousands of times—and helps zero
Don’t assume you’ll “pass” just because you’re sober Plenty of sober people “fail” these tests
Don’t panic-decide Take a breath. Think. Respond calmly
The Bigger Picture
Here’s the truth most people don’t hear:
Field Sobriety Tests are not pass/fail exams. They’re evidence-gathering tools.
And like any evidence, they can be challenged.
We look at:
How the tests were administered
Whether instructions were clear
Whether conditions were appropriate
Whether medical or environmental factors were ignored
Because once you get into court, those details? They matter.
A lot.
Defense Perspective: Where Cases Turn
In Arkansas DWI cases, Field Sobriety Tests are often used to justify:
The arrest
The request for chemical testing
The overall narrative of impairment
But if those tests are flawed—or improperly conducted—it can weaken the entire case.
Sometimes significantly.
Serving Clients Across Arkansas
At Morledge Law Firm, we defend clients facing DWI and criminal charges throughout Little Rock, North Little Rock, Conway, Benton, Bryant, Hot Springs, Pine Bluff, Fayetteville, Fort Smith, Jonesboro, and across the state.
We know how these stops happen. We know how these tests are used. And we know where to look when something doesn’t add up.
Final Thoughts
Field Sobriety Tests look official. Structured. Reliable.
But under the surface? They’re messy. Human. Imperfect.
And if your future is on the line, “close enough” isn’t good enough.
Disclaimer
This article is for informational purposes only and reflects general legal principles and opinions from a defense perspective. It is not legal advice. Every case is different. For advice specific to your situation, contact Morledge Law Firm to discuss your case and your rights under Arkansas law.