Are Field Sobriety Tests Required in Virginia? What You Should Know During a DUI Stop
What Drivers Don’t Realize About DUI Testing
Field sobriety tests are a standard part of DUI investigations across Virginia, but they are often misunderstood. These tests are designed to help officers gather evidence of impairment, but many people don’t realize just how flawed and subjective they can be. At Battlefield Law Group, we regularly defend clients charged with DUI who were arrested after struggling through these roadside tests, often when completely sober.
This article explains the three standardized field sobriety tests used in DUI stops: the Horizontal Gaze Nystagmus (HGN), the Walk and Turn, and the One-Leg Stand. We also clarify what your rights are during a traffic stop and why refusing these tests may be in your best interest.
Field Sobriety Tests Are Not Required by Law in Virginia
One of the most important facts to understand: You are not legally required to perform field sobriety tests in Virginia.
These tests are voluntary. Politely declining to participate cannot be held against you in court, and there are no automatic legal penalties for refusing. Officers may not tell you this, but you have the right to refuse these tests, and in many cases, doing so may protect you from a wrongful arrest.
According to the National Highway Traffic Safety Administration (NHTSA), even under ideal conditions, the accuracy of these tests is limited:
Horizontal Gaze Nystagmus (HGN) – 77% accuracy
Walk and Turn – 68% accuracy
One-Leg Stand – 65% accuracy
When combined, these tests are only about 82% accurate at detecting a blood alcohol concentration (BAC) of 0.08 or higher. And that’s in controlled studies, not on the side of a road, late at night, under stress.
Horizontal Gaze Nystagmus (HGN) – The “Eye Test”
The HGN test involves the officer moving an object, like a pen or light, side to side in front of your eyes while watching for involuntary eye jerking (nystagmus), which they claim indicates impairment.
Why this test is problematic:
Nystagmus can be caused by many other conditions, including fatigue, medications, or neurological disorders.
There is no way for the driver to self-assess or dispute the officer’s interpretation.
It is rarely recorded in a way that allows objective review.
Officers are trained to see signs of impairment, and their judgment often carries significant weight—whether or not those signs are accurate.
Learn more in our HGN video breakdown .
Walk and Turn – Divided Attention Under Pressure
This test requires a person to walk heel-to-toe along a straight line, turn on one foot, and return the same way, while following specific instructions. Officers look for eight indicators of impairment, including stepping off the line, raising arms for balance, or starting too soon.
Common reasons people fail this test:
Balance issues, even unrelated to alcohol
Uneven or sloped pavement
Anxiety and pressure of the stop
Footwear that hinders movement (heels, sandals, boots)
The Walk-and-Turn test is one of the most misunderstood components of a DUI stop in Virginia, and many sober drivers struggle to perform it correctly under pressure. Even slight missteps can be interpreted as signs of intoxication.
Watch Nicole Naum demonstrate the Walk-and-Turn test in this video.
One-Leg Stand – The Balance Trap
In the One-Leg Stand test, drivers are told to raise one foot off the ground and count aloud for 30 seconds. The officer watches for swaying, hopping, putting the foot down, or using arms for balance.
Why this test is unreliable:
It assumes a baseline level of fitness and balance that not all individuals have.
Age, injuries, or medical conditions can make the test very difficult.
Stress from being pulled over can cause physical shakiness or poor coordination.
This test can “flag” almost anyone, regardless of sobriety. Watch our video breakdown of the One-Leg Stand test here .
Know Your Rights at a DUI Stop
Many people feel pressured to comply with everything an officer requests, but it’s important to know your rights. Field sobriety tests are not required. You are allowed to say, “I choose not to perform any field sobriety tests.”
You do not have to:
Perform field sobriety tests
Answer questions about alcohol consumption
Waive your constitutional rights
You do have the right to:
Politely refuse field sobriety testing
Request to speak with an attorney
Remain silent
If you are unsure of what to do at a DUI stop in Virginia, consulting with an experienced DUI defense attorney is the safest next step.
Get Trusted DUI Defense in Northern Virginia
If you were arrested for DUI in Virginia after “failing” a field sobriety test, don’t assume the case is open-and-shut. You may have a strong defense, especially if you refused field sobriety tests or were unfairly judged. At Battlefield Law Group, we understand the tactics used in DUI investigations and how easily they can lead to unfair arrests.
We are committed to providing knowledgeable, compassionate legal representation. Our attorneys stay up to date on national DUI defense strategies and represent clients across Northern Virginia.
Call us today at 571-364-0500 or email info@battlefieldlawgroup.com for a confidential consultation.
We are located in Manassas, Virginia, within walking distance of the Prince William County Courthouse, and we defend DUI and DWI cases throughout:
Stafford County
Fauquier County
Spotsylvania
Frederick
Winchester
Warren
Alexandria
Disclaimer: This blog is for general informational purposes only and should not be considered legal advice. Reading this post or contacting Battlefield Law Group through this website does not create an attorney-client relationship. Every case is unique, and individuals should consult an attorney to obtain legal advice specific to their situation.
