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.