KANSAS DUI DEFENSE: FIELD SOBRIETY TESTS AND THEIR LIMITS

If you’ve been arrested for a DUI in Kansas, you were likely asked to perform a series of roadside exercises commonly referred to as field sobriety tests. For many people—especially those facing their first DUI arrest—this can be one of the most confusing and stressful parts of the encounter. You may be wondering what these tests actually measure, how reliable they are, and how much weight they carry under Kansas law.

Understanding how field sobriety tests are used in Kansas—and where their limitations lie—can help reduce some of the uncertainty you may be feeling right now.

What Are Field Sobriety Tests in Kansas?

Field sobriety tests are not scientific tests like breath or blood testing. Instead, they are observational tools used by law enforcement to help determine whether there is probable cause to make a DUI arrest. These exercises require you to listen to instructions, remember them, and perform unfamiliar physical tasks—often late at night, under stress, and on the side of a Kansas roadway.

Law enforcement officers in Kansas are trained using guidelines from the National Highway Traffic Safety Administration (NHTSA), which recognizes three standardized field sobriety tests.

Horizontal Gaze Nystagmus (HGN)

The HGN test involves following a pen or similar object with your eyes while keeping your head still. Officers are trained to look for certain eye movements that may be associated with alcohol consumption.

Under Kansas law, the results of the HGN test are generally not admissible in court unless supported by expert testimony explaining the science behind it. Because prosecutors rarely present expert witnesses for this purpose, HGN results are often excluded at trial. While officers may rely on the test when making an arrest, its courtroom value in Kansas is limited.

Walk-and-Turn Test

This test requires walking heel-to-toe along a straight line, turning in a specific manner, and returning the same way. Officers look for a number of “clues,” such as balance issues, stepping off the line, or using arms for balance.

This test assumes ideal conditions that often don’t exist in real life. Kansas roads are frequently sloped or uneven, lighting can be poor, and nerves alone can affect performance—particularly for someone who has never been through a DUI stop before.

One-Leg Stand Test

For the one-leg stand, you are asked to balance on one foot while counting aloud. Officers observe for swaying, hopping, or putting the foot down.

This exercise can be difficult for many sober people, especially those with knee, ankle, back, or balance issues. Weather conditions common in Kansas—wind, cold, rain, or snow—can further affect performance.

Why Field Sobriety Tests Have Limitations

Field sobriety tests are subjective by nature. Officers must interpret what they see, and small movements or pauses can be documented as signs of impairment. Reasonable observers can disagree about what actually occurred.

Even NHTSA acknowledges that these tests are not perfectly accurate, even when administered correctly. Accuracy rates vary, and they depend heavily on strict adherence to standardized procedures.

In practice, officers may:

• Fail to ask about medical conditions or injuries

• Deviate from standardized instructions

• Conduct tests on uneven or sloped surfaces

• Administer tests in poor weather or lighting

Any deviation can affect how reliable the observations truly are.

Environmental Factors Matter

NHTSA recommends that field sobriety tests be performed on a dry, level, non-slippery surface. Many Kansas DUI arrests occur on roadside shoulders, parking lots, or rural highways that do not meet those conditions. Footwear, surface debris, weather, and stress all play a role—and all should be considered when evaluating the significance of these tests.

What a Kansas DUI Defense Attorney Looks For

A proper DUI defense is not about making guarantees or assuming tests can always be excluded. It is about careful review and honest assessment.

An experienced Kansas DUI attorney examines:

• Police reports and body or dash camera footage

• Whether tests were administered according to NHTSA standards

• Environmental and weather conditions at the scene

• Whether medical or physical limitations were ignored

• How observations were documented and described

  
  

When issues exist, they may be challenged through motions, cross-examination, or negotiation. When they do not, understanding that reality allows for better decision-making moving forward.

An Important Right Under Kansas Law

You are not legally required to perform field sobriety tests in Kansas. These tests are voluntary and refusing them is not a crime. While officers rarely explain this at the roadside, it is an important constitutional protection. As with any decision during a DUI stop, refusal should be understood in context and with awareness of potential consequences.

Moving Forward After a Kansas DUI Arrest

If this is your first DUI, feeling overwhelmed is normal. Kansas DUI laws can be complex, and the process can feel intimidating without clear guidance. A defense attorney’s role is to explain what the law actually says, identify what matters in your case, and help you navigate the process with clarity and professionalism.

If you would like to learn more about Kansas DUI law, field sobriety tests, or your options after an arrest, you can visit our website or contact our office to schedule a confidential consultation.

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