You are replaying the stop in your head. The lights, the questions, the officer asking you to walk a line or stand on one leg while cars passed on the shoulder. With your bad back, you can’t stand up straight on your best day, let alone follow directions as quickly as they were thrown at you. Now you are looking at an OUI charge, and you are trying to figure out whether what happened on the side of the road was legal.
The Maine Criminal Defense Group works with people to challenge field sobriety tests in Maine OUIs, and the first step is understanding what those roadside tests were, what they were supposed to measure, and where they tend to fall apart.
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Field Sobriety Tests in Maine OUIs: What Are Officers Trained to Use?
The tests officers administer today come from a standardized program. The National Highway Traffic Safety Administration (NHTSA) developed this program starting in the 1970s after finding that police departments across the country were using dozens of inconsistent, unvalidated roadside tests.
Today, officers train on the same standardized field sobriety tests (SFSTs) throughout Maine, giving law enforcement a consistent method for evaluating suspected impairment during OUI investigations. While officers may consider other observations during an OUI investigation, these are the only field sobriety tests validated through the NHTSA program.
What Types of Sobriety Tests Are Used in Maine Traffic Stops?
The tests break down into three distinct exercises, each scored using specific clues that an officer is trained to look for:
- Horizontal gaze nystagmus. An officer watches a driver’s eyes track a moving object, such as a pen or flashlight, looking for involuntary jerking that becomes more pronounced with alcohol impairment.
- The walk-and-turn test. A driver takes nine heel-to-toe steps along a straight line, turns using a specific pivot method, and takes nine steps back, while an officer watches for balance issues, missed steps, and an inability to follow instructions.
- The one-leg stand. A driver holds one foot several inches off the ground and counts aloud for 30 seconds, while an officer watches for swaying, hopping, or putting the foot down early.
How Reliable Are These Tests, and Do They Account for Physical Conditions?
The types of sobriety tests used in Maine were validated using large study groups, but they were never designed to account for every physical condition a driver might have. Research funded by NHTSA found accuracy rates in the moderate-to-high range for each test, improving further when officers combine results from all three. Still, that same research relied primarily on subjects without underlying medical, orthopedic, or vision issues that could mimic the same clues officers are trained to score as impairment.
For instance, a knee injury can affect balance on the walk-and-turn or one-leg stand. An inner ear condition can produce eye movement that looks similar to alcohol-related nystagmus. A vision impairment can make it difficult to track an object or maintain balance regardless of sobriety.
How Do OUI Field Sobriety Tests in Maine Affect an OUI Case?
Field sobriety tests are heavily relied on to establish probable cause for arrest, and a driver’s performance often becomes the centerpiece of an officer’s report and later testimony. Maine defines OUI as operating a vehicle while under the influence of intoxicants, or with an alcohol level of 0.08 grams or more per 100 milliliters of blood or 210 liters of breath.
Field sobriety test results do not establish that alcohol level on their own. Instead, they support the officer’s decision to arrest and request a chemical test, which means how the tests were administered, scored, and documented can carry real weight long before a case ever reaches a Cumberland County Courthouse hearing or any other Maine courtroom. This becomes especially important in cases where you, the client, failed to take a chemical test and now the state needs to rely on how you performed on those test in conjunction with other driving and non-verbal clues.
Are You Required to Take These Tests, or Are They Voluntary?
Field sobriety tests are voluntary in Maine, and there are no direct legal penalties for declining them. Keep in mind that this is different from Maine’s implied consent law, which does require a driver to submit to a chemical test, meaning a breath, blood, or urine test, once an officer has probable cause to believe the driver is impaired.
This does not mean declining a field sobriety test is risk-free. An officer can still arrest a driver based on other observations, such as driving patterns, appearance, or admissions made during the stop, and a decision to decline the test can be included in the officer’s report.
Why You Can Trust The Maine Criminal Defense Group with Challenging Field Sobriety Tests in Maine OUIs
Roadside testing looks scientific, but our attorneys have spent decades exposing how often it is administered wrong, scored wrong, or given to people the tests were never designed for.
In one case, we represented a client with an inner ear disorder, a recent double-knee surgery, and partial blindness who was still made to perform standard field tests. Our cross-examination at the BMV hearing led to dismissal for lack of probable cause before the criminal case ever reached a courtroom. Every case is different, and this result cannot predict the outcome of your case, but it illustrates the focused advocacy we bring to challenging unreliable field sobriety test evidence.
Our attorneys are committed members of the National College for DUI Defense and the DUI Defense Lawyers Association, credentials that keep us current with the NHTSA standards law enforcement officers are expected to follow.
Talk to Us Before Your Next Court Date
If an officer had you walk a line, stand on one leg, or track a pen with your eyes, the details of how that test went matter more than most drivers realize. The Maine Criminal Defense Group combines decades of OUI defense experience with a detailed understanding of how standardized field sobriety tests should be administered, scored, and, when appropriate, challenged. Consultations are by appointment only, so reach out and get a clear picture of what your test results actually mean for your case.
For experienced legal help with any OUI or criminal matter, call The Maine Criminal Defense Group at 207-571-8146 for an initial case evaluation.
