Switch to ADA Accessible Theme
Close Menu

Failing A Field Sobriety Test When You Are Sober

Eye2

Being accused of driving under the influence is always a serious matter, and it can be especially confusing for a driver who wasn’t drunk to begin with. It is possible to be sober and still fail a field sobriety test, and it may happen more often than you might think.

Field sobriety tests are used by law enforcement officers to determine if a driver is impaired by alcohol or drugs, but these tests are not foolproof. False positives happen in certain situations, potentially leading to wrongful accusations. Have a conversation with a Baltimore criminal lawyer if you’ve been pulled over and failed a sobriety test.

Why a Sober Person Might Fail a Test

There are numerous reasons why a sober person might fail a field sobriety test, including:

  • Medical conditions. Certain medical conditions, such as neurological disorders, inner ear problems, or injuries, can affect balance and coordination, leading to poor performance on sobriety tests. For example, conditions like vertigo, arthritis, or a sprained ankle can impair your ability to complete the one-leg stand test or walk-and-turn test correctly.
  • Fatigue or stress. Being tired or under pressure can also impair your coordination and ability to concentrate. Anxiety or nervousness during a traffic stop can make it harder to perform the tests accurately, even if you are completely sober.
  • Age and physical limitations. Balance issues that come with aging or limited mobility due to a previous injury can make performing these tests challenging, even without impairment.
  • Environmental factors. Poor road conditions, uneven surfaces, or even being on the side of a busy highway can affect your balance and coordination. Distracting noise, weather conditions, or uneven ground can make it harder to perform the tests as instructed, leading to incorrect results.
  • Misinterpretation by the officer. Officers may not always administer the tests properly or may misinterpret the results. An officer may not allow enough time to complete the test, fail to give clear instructions, or wrongly assume that any small misstep indicates impairment.

If you’re accused of driving under the influence but are sober, it’s important to stay calm. Always remain polite and cooperative with the officer, but know that you have the right to refuse certain tests. While you must comply with police requests for breath or blood tests in Maryland, you are not required to take field sobriety tests.

Fight Charges with the Support of an Attorney

If you’ve been wrongly accused of driving under the influence, an experienced Baltimore criminal lawyer can help you fight the charges and prove your innocence. Your attorney can examine whether the sobriety tests were properly administered and whether the officer followed all required protocols. They can also gather medical records to explain why you failed the test despite being sober, if applicable.

Were you accused of driving drunk? Failing a sobriety test when you are sober can be a frustrating experience. Connect with the legal team at Iamele & Iamele, LLP to work toward a fair outcome and protect your driving record and freedom. Contact us to book your confidential appointment.

Facebook Twitter LinkedIn

Contact
Information

201 N. Charles St., Suite 400
Baltimore, MD 21201
Phone: 410-779-6160
Email Us: Aiamele@IameleLaw.com

Office
Directions

Office Directions | Map
Free Parking at 222 St. Paul Parking Garage (Entrance is on Lexington Street)

Free Initial
Consultations

Personal Injury, Medical Malpractice, Auto, Truck and Most Accident cases are accepted with no fees or expenses to the client.

MileMark Media

© 2017 - 2025 Iamele & Iamele LLP. All rights reserved.
This law firm website and legal marketing are managed by MileMark Media.

Contact Form Tab