Critical Steps After Failed Field Sobriety Tests

When someone is pulled over for suspected impaired driving in Missouri and asked to perform field sobriety tests, the outcome of those tests can have significant consequences. 

A failed test often leads to arrest, and what happens in the minutes, hours, and days that follow can shape the future of that person’s legal case. Bretz Legal, LLC focuses on DUI defense in Missouri and understands how crucial it is to take immediate and informed action.

Field sobriety tests are used by law enforcement officers to gather evidence of impairment. These assessments typically include the walk-and-turn, one-leg stand, and horizontal gaze nystagmus tests. 

Though intended to help officers detect signs of intoxication, these tests are subjective and can be affected by medical conditions, nervousness, or even poor weather and road conditions. Despite these variables, failing a test often becomes the basis for arrest and criminal charges.

The Immediate Aftermath of a Failed Field Sobriety Test

Once an officer determines that someone has not performed field sobriety tests to their satisfaction, they will likely proceed with an arrest. From that point forward, every interaction and decision matters. 

Missouri law allows officers to request a chemical test, and refusal can lead to automatic license suspension, even if a person has not been formally convicted. This is part of Missouri’s implied consent law.

It’s important to understand that a failed field sobriety test does not automatically mean guilt. These tests are not infallible. These factors can lead to poor performance:

• Stress

• FatigueI

• Inner ear disorders

• Uneven pavement 

However, many people believe that failing a test is the same as being proven guilty, and that belief can cause unnecessary fear and silence.

Missouri’s Legal System for DUI Charges

Under Missouri law, a person may be charged with driving while intoxicated (DWI) if they operate a motor vehicle with a blood alcohol content (BAC) of 0.08% or higher, or if they’re deemed to be under the influence of drugs or alcohol to the point that they’re impaired. 

After field sobriety tests, law enforcement may use breath, blood, or urine testing to confirm intoxication levels. However, even if the chemical test shows a BAC below the legal limit, the officer’s observations and field test results may still lead to charges.

This is where DUI defense becomes essential. A skilled defense involves looking beyond the test results and into the validity of the stop, the administration of the tests, and any violations of rights. 

Officers must follow specific protocols during both the field and chemical testing phases, and any errors can open the door to a strong defense strategy.

Challenging the Reliability of Field Sobriety Tests

One of the first opportunities in a DUI defense case involves questioning how the field sobriety tests were conducted. The National Highway Traffic Safety Administration (NHTSA) provides guidelines for administering these tests, and failure to follow those procedures may affect the reliability of the results.

For example, if a person was not given clear instructions or if the testing area was poorly lit or uneven, that information can be used to challenge the officer’s conclusions. 

Medical conditions such as vertigo, back injuries, or even certain medications can make it difficult to perform the physical movements required by the tests. These issues are often overlooked in the initial arrest but can become central to a DUI defense strategy.

Bretz Legal, LLC often investigates the training and background of the arresting officer to determine whether the field sobriety tests were used appropriately. Officers with limited experience may misinterpret behavior or exaggerate signs of impairment. Every detail matters when building a defense.

Chemical Tests and Implied Consent in Missouri

After failing field sobriety tests, a driver may be asked to submit to a breath or blood test. Missouri’s implied consent law requires drivers to comply with this request, but individuals still have the right to refuse. 

Refusal, however, carries its own penalties, including a one-year revocation of driving privileges and the possibility of installation of an ignition interlock device.

That administrative consequence happens separately from the criminal process. This is another reason DUI defense must begin as soon as possible. A driver has only 15 days from the date of arrest to request an administrative hearing to contest the license suspension. Missing that deadline results in automatic revocation.

Challenging a chemical test involves analyzing the circumstances under which the test was administered. 

Breathalyzer machines must be properly calibrated and maintained, and the test must be conducted according to regulations. Blood draws must follow strict chain-of-custody protocols. Errors in these areas can affect the admissibility of test results in court.

The Importance of Early Legal Representation

One of the most important decisions after a failed field sobriety test is seeking legal representation early. The criminal justice system moves quickly, especially when a person is facing both administrative and criminal penalties. 

Early intervention gives the defense more time to gather evidence, challenge procedures, and build a narrative that reflects the full story.

Bretz Legal, LLC approaches DUI defense by focusing on the constitutional rights of the accused, the accuracy of the field and chemical testing process, and the context of the arrest. Every case deserves a tailored approach that accounts for medical issues, procedural mistakes, or possible violations of due process.

Missouri law provides avenues for reducing or dismissing charges if certain elements of the arrest or testing process were flawed. Taking early steps can mean the difference between conviction and dismissal.

Preparing for Court Proceedings

After a failed field sobriety test and arrest, the individual will be scheduled for an arraignment, where charges are formally read. Pleas are entered, and pre-trial motions may be filed. The discovery process begins soon after, giving the defense access to police reports, dash cam footage, body camera footage, and testing records.

This is a critical phase in DUI defense. Reviewing these materials can reveal inconsistencies, inaccuracies, or constitutional issues. 

For example, a dash cam may show that the driver followed instructions but was still marked down for failure. Video evidence may show the driver did not exhibit slurred speech or poor balance, despite what the written report claims.

The defense may also bring in witnesses or experts to counter the officer’s conclusions. Toxicologists can testify about the limits of chemical tests. Medical professionals can provide knowledge about conditions that mimic intoxication. These perspectives help present a clearer picture to the court.

Addressing First-Time and Repeat Offenses

Missouri distinguishes between first-time DUI offenses and those involving prior convictions. A first offense may carry lighter penalties, such as fines, license suspension, and possible probation. However, repeat offenses can result in jail time, higher fines, longer suspensions, and even felony charges.

DUI defense for repeat offenders requires a focused strategy that looks at the procedural history of prior convictions. If any previous arrest or conviction was handled improperly, it may be possible to prevent it from being used to increase penalties.

Judges also look for signs of rehabilitation, and defense efforts may involve presenting evidence of treatment, counseling, or lifestyle changes. Bretz Legal, LLC works to present clients as full individuals—not just case numbers—to help the court understand the circumstances and the progress someone has made.

Alternatives to Jail and Long-Term Consequences

In some cases, Missouri courts may offer alternatives to jail time for DUI offenses, such as participation in treatment programs, community service, or house arrest. These options may be considered depending on the facts of the case and the person’s record.

However, even a single DUI conviction carries long-term consequences. A criminal record can affect employment, housing, and professional licenses. Insurance premiums increase, and travel restrictions may apply. That’s why DUI defense is not just about the short-term penalties—it’s about protecting someone’s future.

Bretz Legal, LLC emphasizes the importance of taking each case seriously from the beginning. What may seem like a minor issue can affect someone for years if not handled properly. The legal system offers opportunities for second chances, but those chances must be pursued carefully and consistently.

Reach Out Today

Bretz Legal, LLC remains committed to providing DUI defense that examines every detail. He is proud to serve St. Louis, Missouri, and the surrounding areas of St. Charles, Jefferson, and Franklin counties. Call today.