If you've been pulled over in Rhode Island and the officer asked you to step out of the vehicle and follow some instructions - touch your nose, walk a straight line, follow a pen with your eyes - you've been given Standardized Field Sobriety Tests (SFSTs). What you do during those tests, and what the officer claims you did, will shape the rest of your case.
Here is something most drivers don't know: in Rhode Island, you are not legally required to take field sobriety tests. They are voluntary. Refusing them does not carry the same penalties as refusing the chemical test at the station. They exist to give the officer probable cause for arrest - and they are scored against you whether you refuse, perform poorly, or perform well.
The three NHTSA-standardized tests have known accuracy problems. The supposedly objective scoring is highly subjective. And officers regularly administer the tests in ways that violate the protocol. If you took FSTs and were arrested, call 401-573-BANK (2265) for a free consultation - this is one of the most contestable parts of any Rhode Island DUI case.
What Are Standardized Field Sobriety Tests?
Standardized Field Sobriety Tests (SFSTs) are a battery of three tests developed by the National Highway Traffic Safety Administration (NHTSA) and used by police across the United States, including Rhode Island, to assess driver impairment.
The three NHTSA tests are:
- Horizontal Gaze Nystagmus (HGN) - eye movement test
- Walk-and-Turn (WAT) - divided attention test
- One-Leg Stand (OLS) - balance and divided attention test
NHTSA training establishes specific scoring criteria - "clues of impairment" - that officers are supposed to count to determine whether a driver shows enough indicators to support a DUI arrest.
In Rhode Island, SFSTs are typically administered after the initial stop and before the preliminary breath test. The combined results give the officer their probable cause for arrest.
The Three Tests Explained
1. Horizontal Gaze Nystagmus (HGN)
The officer holds a stimulus (usually a pen or fingertip) about 12-15 inches from the driver's face and moves it slowly side to side. The officer watches for involuntary jerking of the eye - nystagmus - which can indicate alcohol impairment.
The officer is looking for 6 specific clues (3 per eye):
- Lack of smooth pursuit
- Distinct nystagmus at maximum deviation
- Nystagmus onset before 45 degrees
NHTSA studies claim 88% accuracy. In practice, accuracy depends heavily on proper administration - distance, angle, speed, lighting, and the driver's medical history all affect the result.
Why HGN often fails:
- Many medical conditions cause natural nystagmus (inner ear disorders, certain medications, head injury history, even fatigue)
- Many officers don't follow the precise NHTSA timing protocol
- Roadside conditions (passing headlights, flashing emergency lights) can affect the test
- HGN cannot be replicated for the jury - the only "evidence" is the officer's word
2. Walk-and-Turn (WAT)
The driver is told to take 9 heel-to-toe steps along a real or imaginary line, turn, and take 9 heel-to-toe steps back. The officer watches for 8 specific clues:
- Cannot keep balance during instructions
- Starts before instructions are finished
- Stops walking
- Does not touch heel-to-toe
- Steps off the line
- Uses arms for balance
- Improper turn
- Wrong number of steps
NHTSA training says 2 or more clues indicates impairment. Studies claim 79% accuracy. In practice, the test fails for many reasons unrelated to alcohol.
Why WAT often fails:
- Uneven roadway, gravel, or sloped surface
- Footwear (heels, boots, work shoes)
- Age over 65 or weight over 50 lbs above ideal
- Lower back, hip, knee, or ankle injuries
- Vertigo or balance disorders
- Cold or wet conditions
- Officer's instructions were unclear or rushed
- Anxiety from the stop itself
3. One-Leg Stand (OLS)
The driver is told to stand on one leg with the other foot 6 inches off the ground, count out loud (one-thousand-one, one-thousand-two...) until told to stop, for 30 seconds. The officer watches for 4 specific clues:
- Sways while balancing
- Uses arms for balance
- Hops to maintain balance
- Puts foot down
NHTSA training says 2 or more clues indicates impairment. Studies claim 83% accuracy. In practice, almost any reason that affects WAT also affects OLS, often more severely.
Why OLS often fails:
- Same physical conditions as WAT (age, weight, injuries)
- Inner ear / balance disorders
- Recent ankle, knee, or hip injuries
- Surface conditions
- Counting out loud while balancing is challenging for many sober people
You Are NOT Required to Take Field Sobriety Tests in Rhode Island
This is one of the most under-emphasized facts about Rhode Island DUI procedure: field sobriety tests are voluntary. There is no statute that requires you to take them, and there is no separate civil penalty for refusing them.
Compare to:
- Chemical test (post-arrest): Refusal triggers § 31-27-2.1 penalties (license suspension, fines)
- PBT (roadside): Refusal triggers § 31-27-2.3 infraction (~$85 fine)
- Field sobriety tests: Refusal triggers... nothing
The officer can use your refusal as part of their probable cause for arrest, but there is no separate penalty for the refusal itself.
That said, refusing FSTs typically results in arrest based on observed behavior, smell of alcohol, and admission of drinking. So the question isn't usually "should I refuse?" - it's "do I help the officer build their case by performing tests they will score against me, or do I decline and let them make the arrest decision based on what they already have?"
Why FSTs Are So Effective for Prosecution
Officers receive specific training on how to score the tests in ways that maximize the indication of impairment. The "clues" are surprisingly easy to record on a sober person under stress, especially when:
- The officer's body camera is recording
- The driver is anxious about the stop
- The driver doesn't fully understand the instructions
- The roadside conditions are imperfect
- The driver wants to "cooperate" and complete the test even if struggling
Once two clues are recorded on WAT or OLS, the officer has the indicator they need. The HGN test is even more vulnerable - the driver cannot see what the officer is recording, and there is no way to verify the result independently.
This is why FSTs are the arrest tool, not the trial tool. They give the officer probable cause. The chemical test at the station is what gets used at trial.
How to Challenge Field Sobriety Test Evidence at Trial
A skilled defense lawyer attacks FST evidence on multiple fronts:
- Administration challenges: Did the officer follow the NHTSA protocol exactly? Distance, angle, timing, instructions, scoring? Body cam evidence often shows protocol deviations.
- Environmental challenges: Was the roadway level? Was the lighting adequate? Were emergency lights or passing traffic creating distractions?
- Driver-specific challenges: Age, weight, medical history, injuries, footwear - all of which can produce false positives.
- Officer training challenges: When was the officer's NHTSA certification last renewed? Have they been recertified within the recommended 2-year cycle?
- Inconsistency challenges: Cross-examine on whether the recorded clues match what is visible on dash cam or body cam footage.
- HGN-specific challenges: Was the officer NHTSA-certified on HGN administration? Was the stimulus held at the proper distance? Was the timing correct?
- Voluntariness challenges: Was the driver told the tests were voluntary? Were they pressured into participating?
In Rhode Island case law, FST evidence has been thrown out - or significantly limited - in many cases where administration was deficient.
Chad's Commentary
I've cross-examined hundreds of Rhode Island officers on field sobriety test administration. Here's the pattern: when officers know they're going to be cross-examined, they administer the tests cleanly. When they assume the case will plead out, they cut corners.
A defendant who pleads at arraignment never finds out which kind of officer arrested them.
The most important thing I tell clients about FSTs: don't treat them as a pass/fail test of whether you're drunk. They're a documentation exercise. The officer is creating a record they will use to support the arrest - and any clues they record become part of the prosecution narrative regardless of your actual impairment level. Performing well on the tests doesn't help you. Performing poorly hurts you. So the calculation isn't "can I pass these tests?" - it's "should I participate in creating their record?"
I'm not advising you to refuse. That's a decision that depends on facts. But understand what FSTs actually are: an arrest tool, not a fairness tool.
If you took field sobriety tests and were arrested, call 401-573-BANK (2265). FST challenges are one of the most productive places to attack a Rhode Island DUI case, and we will look hard at the dash cam, body cam, and the officer's training records.
Frequently Asked Questions
Are field sobriety tests required in Rhode Island?
No. Field sobriety tests in Rhode Island are voluntary. Unlike the chemical test (which carries license suspension under § 31-27-2.1 if refused) or the preliminary breath test (which carries a small infraction under § 31-27-2.3 if refused), there is no separate statutory penalty for refusing FSTs. The officer can use the refusal as part of their probable cause assessment, but no specific penalty attaches to the refusal itself.
What are the three standardized field sobriety tests in Rhode Island?
The three NHTSA-standardized field sobriety tests used in Rhode Island are: (1) Horizontal Gaze Nystagmus (HGN), an eye-movement test; (2) Walk-and-Turn (WAT), a heel-to-toe walking test; and (3) One-Leg Stand (OLS), a 30-second single-leg balance test. Officers may also administer non-standardized tests like reciting the alphabet or counting backwards, but those are not NHTSA-validated.
Can field sobriety test results be challenged at trial in Rhode Island?
Yes. FST evidence is regularly challenged on grounds including improper administration, deviation from NHTSA protocol, environmental factors (uneven roadway, lighting, weather), driver-specific issues (age, weight, medical conditions, injuries), officer training and certification status, and inconsistencies between recorded clues and dash cam or body cam evidence. Rhode Island case law has thrown out or limited FST evidence in many cases.
What medical conditions can cause failure of field sobriety tests?
Many. Inner ear disorders and vertigo affect HGN, WAT, and OLS. Lower back, hip, knee, and ankle injuries affect WAT and OLS. Age over 65 and weight over 50 lbs above ideal affect WAT and OLS per NHTSA's own protocols. Diabetic neuropathy affects balance. Certain medications cause natural nystagmus. Head injury history affects HGN. Anxiety affects all three. Documenting these conditions matters.
What is the HGN test in Rhode Island?
HGN is the Horizontal Gaze Nystagmus test, the first NHTSA standardized field sobriety test. The officer holds a stimulus about 12-15 inches from the driver's face and moves it slowly side to side, watching for involuntary eye jerking (nystagmus). The officer scores 6 possible clues. NHTSA studies claim 88% accuracy when administered properly, but the test is highly vulnerable to administration errors and medical false positives.
What happens if I refuse field sobriety tests in Rhode Island?
There is no separate statutory penalty. The officer will likely use your refusal as part of their probable cause for arrest, and the case will proceed based on observed driving, smell of alcohol, admission of drinking, and any other indicators. Refusal is not the same as the chemical test refusal at the station, which carries license suspension penalties under § 31-27-2.1.
How accurate are field sobriety tests really?
NHTSA's own research claims 88% accuracy for HGN, 79% for WAT, and 83% for OLS - when administered exactly to protocol. Real-world accuracy is substantially lower because of administration deviations, environmental factors, and driver-specific medical conditions. Multiple peer-reviewed studies have found the tests can produce false positive rates of 30% or higher when conducted under field conditions rather than NHTSA's controlled study environments.
Took Field Sobriety Tests and Got Arrested? Call Now.
The officer's body cam, dash cam, and report are evidence - both for the prosecution and for the defense. The first thing I do in any Rhode Island DUI case is request and review every second of available video. We will know within hours of getting the footage whether the FSTs were administered cleanly or whether there are protocol violations to attack.
If your case turns on FST evidence, get a defense lawyer who actually challenges it.
Call 401-573-2265. Available 24/7.
Author: Chad F. Bank, Rhode Island criminal defense lawyer. Practice address: 127 Dorrance Street, Providence, RI 02903. Direct line: 401-573-BANK (2265).
This page is for general informational purposes and does not constitute legal advice. Every DUI case depends on facts not knowable from public materials.