THE LAW OFFICE OF DENISE KIRBY        KANSAS CITY'S AWARD-WINNING DWI DEFENSE        816-221-3691

THE LAW OFFICE OF DENISE KIRBY
KANSAS CITY'S AWARD-WINNING DWI DEFENSE
816-221-3691

NOT AN ORDINARY CITY.
NOT AN ORDINARY ATTORNEY.

What Happens If You Fail a Field Sobriety Test in Missouri?

Getting pulled over on suspicion of drunk driving can be nerve-wracking, especially if an officer asks you to perform a field sobriety test. Many drivers are unsure what these tests mean, whether they are required to take them, and what happens if they fail. In Missouri, failing a field sobriety test can lead to serious consequences, including a DWI arrest, license suspension, and criminal charges. Understanding how these tests work and what your rights are can make a major difference in how your case unfolds.

What Are Field Sobriety Tests?

Field sobriety tests (FSTs) are a set of physical and cognitive exercises used by law enforcement to determine whether a driver may be impaired by alcohol or drugs. The National Highway Traffic Safety Administration (NHTSA) recognizes three standardized tests that are commonly used during a traffic stop:

  • Horizontal Gaze Nystagmus (HGN) Test: Officers ask you to follow an object, such as a pen or flashlight, with your eyes. They watch for involuntary jerking movements that can occur when someone is intoxicated.
  • Walk-and-Turn Test: You are instructed to take nine heel-to-toe steps along a straight line, turn on one foot, and return. Officers look for balance issues or failure to follow instructions.
  • One-Leg Stand Test: You must stand on one foot and count aloud. Losing balance, putting your foot down, or using your arms for balance may be interpreted as signs of impairment.

While these tests are designed to measure coordination and focus, they are far from perfect. Many sober individuals struggle with these exercises due to nerves, medical conditions, uneven ground, or poor lighting.

Are Field Sobriety Tests Required in Missouri?

In Missouri, you are not legally required to take a field sobriety test. Officers often present the request as a standard procedure, but drivers have the right to politely decline. However, refusing may still result in an arrest if the officer believes there is probable cause to suspect impairment. It’s important to understand that declining a field sobriety test is not the same as refusing a chemical test, such as a breath or blood test, which falls under Missouri’s implied consent law and can carry additional penalties.

If you choose to take a field sobriety test and do not perform well, the officer can use that as evidence to justify your arrest. However, failing the test does not automatically mean you are guilty of driving while intoxicated. These tests are subjective, and their results can often be challenged in court with the help of an experienced DWI attorney.

What Happens After You Fail a Field Sobriety Test?

If an officer believes your performance indicates impairment, they will likely place you under arrest and transport you to the police station or a testing facility. Once in custody, you will be asked to submit to a chemical test to determine your blood alcohol concentration (BAC). If your BAC is 0.08% or higher, you could face DWI charges under Missouri law.

Failing a field sobriety test often leads to several immediate and long-term consequences, including:

  • Arrest and Booking: You may be taken into custody, fingerprinted, and photographed.
  • Driver’s License Suspension: A failed BAC test or refusal to take one can result in the suspension of your driving privileges.
  • Criminal Charges: A DWI conviction can lead to fines, probation, mandatory education programs, or even jail time.
  • Increased Insurance Rates: A DWI on your record can significantly raise your car insurance premiums.

Even if you fail a field sobriety test, you still have options to fight the charges and protect your record.

How an Attorney Can Challenge Field Sobriety Test Results

Many people assume that once they fail a sobriety test, their case is hopeless, but that is far from true. Field sobriety tests are highly subjective and can be influenced by factors unrelated to alcohol consumption. A skilled defense lawyer can carefully examine the circumstances surrounding the test to identify weaknesses in the prosecution’s case.

Your attorney may challenge:

  • Whether the officer administered the test correctly and according to NHTSA standards
  • The condition of the testing area, including lighting, weather, and road surface
  • Your physical condition, age, footwear, or medical history that could affect balance or coordination
  • Whether the officer had probable cause to stop or detain you in the first place

In many cases, these challenges can lead to reduced charges or even a full dismissal. Working with an attorney who focuses on DWI defense can give you the best chance at protecting your license, reputation, and freedom.

Protect Your Rights After a DWI Arrest in Kansas City

If you recently failed a field sobriety test or were arrested for DWI, you need immediate legal help. The sooner you act, the more options you have for building a strong defense. At The Law Office of Denise Kirby, we know how to identify errors in field sobriety and chemical testing procedures, challenge unreliable evidence, and protect your rights at every step. Do not face DWI charges alone. To speak with an experienced defense attorney, contact us today for a free consultation.

(816) 221-3691