Why You Should Think Twice Before Taking Field Sobriety Tests in Idaho
If you're pulled over on suspicion of DUI in Idaho, the officer will likely ask you to perform a set of "field sobriety tests" — usually three specific tests:
The Walk and Turn
The One-Leg Stand
The Horizontal Gaze Nystagmus (eye test)
These tests might sound simple, but here's the reality: they are designed to make you fail — and build a case against you.
The Hidden Problems with Field Sobriety Tests
Horizontal Gaze Nystagmus (HGN):
This is the "eye test" where the officer moves a pen or finger and asks you to follow it with your eyes.
Problem: It's completely subjective — only the officer sees what happens.
Problem: It's not visible on video, so you can't challenge it easily later.
Problem: Many prescription medications, neurological conditions, and even fatigue can cause nystagmus — not just alcohol.
Walk and Turn / One-Leg Stand:
These tests involve balancing, following detailed instructions, and performing physical tasks on the roadside.
Problem: You get penalized for small, natural movements like raising your arms slightly, stepping off an invisible line, or even not standing "at attention" while being instructed.
Problem: Police officers train and practice these tests repeatedly. You are expected to perfectly perform them after a single explanation, often in stressful conditions — tired, cold, scared, and standing on uneven pavement.
In short: the odds are stacked against you. Simply refuse.
Field Sobriety Tests Are Not Mandatory in Idaho — and You Should Think Twice Before Agreeing
Many people don't realize this: you are not legally required to perform field sobriety tests in Idaho.
You can politely decline.
If you decline, the officer might act upset, or even threaten something like:
"Well, if you won't do these tests, I’ll just have you take a breathalyzer."
Don’t let that scare you.
They were going to ask for a breath or blood test anyway. Or they don’t have enough evidence against you yet and need you to fail the field sobriety tests before they can ask you to take the Breathalyzer. Either way, saying no will not make it worse for you.
Doing the field sobriety tests does not get you out of a DUI arrest — it only helps the police gather more evidence against you.
It’s important to remember:
Field sobriety tests are a trap.
Police officers are legally allowed to lie to you.
They may say it’s "in your best interest" to do the tests — but that is not true.
Their goal is to build their case from the roadside forward, not to cut you a break.
If you refuse field sobriety tests:
Stay calm.
Be polite.
Simply say something like,
"Officer, I respectfully decline to do any field tests."
You do not need to explain yourself. You do not need to argue.
Protect your rights. Don’t give the police more ammunition to use against you.
Common Myths About Field Sobriety Tests
Myth: "If I pass, they'll let me go."
Reality: Officers often arrest even those who perform well, using minor "mistakes" as justification.Myth: "The officer has to tell me if I can refuse."
Reality: Officers are not required to tell you that you can politely decline field sobriety tests.Myth: "I can talk my way out of it."
Reality: Anything you say can be used against you. Staying respectful but saying less is smarter.
Protect Yourself — Know Your Rights
If you're pulled over:
Be polite.
Decline field sobriety testing respectfully.
Do not argue or explain.
Call an experienced DUI defense attorney as soon as possible.
At Snake River Criminal Defense, we understand how DUI cases are built — and how to break them down.
If you’ve been arrested for DUI in Southeast Idaho, you need a strong advocate who knows the law, knows the science, and knows how to fight back.
Contact us today for a confidential consultation.
Disclaimer: The information provided in this blog post is for general informational purposes only and is not legal advice. Every case is different. If you are facing criminal charges, you should consult directly with an experienced attorney to discuss your specific situation.