Did I Really "Fail" My Field Sobriety Tests? The Rochester, MN Insider's Guide.
A look into SFST used in Olmsted County
Field Sobriety Tests in Minnesota DWI Cases:
It is 2:00 AM in Rochester. You just finished a long, grueling shift at the Mayo Clinic or Saint Marys Hospital. You are driving home on Hwy 52 or maybe taking Hwy 14. Suddenly, flashing red and blue lights fill your rearview mirror. You pull over near the Apache Mall. The officer approaches, asks for your license, and tells you to step out of your vehicle.
You are exhausted. You are nervous. It is freezing on the shoulder of the highway.
The officer asks you to follow a pen with your eyes, walk a straight line, and stand on one leg. Before you know it, you are in the back of a squad car, heading to the Olmsted County Adult Detention Center. You are told you “failed” the Standardized Field Sobriety Tests (SFSTs).
Right now, you are terrified. A DWI charge threatens your driver’s license, your medical board licensing, your security clearance, and your reputation. The police and the Olmsted County prosecutor will treat these tests as foolproof science. They want you to believe your case is an open-and-shut deal.
It is not.
Here at Kohlmeyer Hagen Law Office, we know the truth about these tests. We are the local insiders. Get all the DWI information for Olmsted County in our Rochester, MN, Ultimate DWI Guide.
We know the judges, the prosecutors, and the hidden rules of the local courthouse. We represent good, hardworking professionals in Rochester who made a mistake or were falsely accused by a flawed testing system.
One mistake shouldn’t ruin your future. Here is the insider truth about what the Standardized Field Sobriety Tests are, how the police are required to administer them, and the common officer mistakes we use to tear apart their case in court.
If you have been arrested for a serious DWI in Olmsted County, you are likely worried about jail time, fines, and how you will get to work. However, Minnesota has another deeply public penalty that many drivers don’t see coming: License Loss and Plate Impoundment.
If you wait for your first criminal court appearance in Olmsted County, you have already lost the battle to save your driving privileges.
Are Standardized Field Sobriety Tests Really "Pass" or "Fail"?
Let’s clear up a major myth right now. You cannot technically “pass” or “fail” these tests.
The SFSTs are not a pass/fail exam.
They are tools designed to help an officer look for visible signs of impairment.
The officer begins building a case against you the moment they turn on their emergency lights.
Standardized Field Sobriety Tests are divided-attention tests.
This means they require you to focus on both mental and physical tasks at the same time.
There are three scientifically validated tests approved by the National Highway Traffic Safety Administration (NHTSA) for roadside investigations.
When Rochester police officers deviate from their standardized training, the validity of the tests is completely compromised. If the tests are done incorrectly, the results belong in the trash.
When Did the Police Actually Start Investigating Me?
The police do not just randomly ask you to stand on one leg. The SFSTs are actually just one phase of a much longer investigation.
The DWI detection process has three phases: Vehicle in Motion, Personal Contact, and Pre-Arrest Screening.
Phase One (Vehicle in Motion) is when the officer observes the vehicle in operation, determines whether to stop the vehicle, and observes the stopping sequence.
Phase Two (Personal Contact) is when the officer observes and interviews the driver face to face.
During this phase, the officer determines whether to ask the driver to step from the vehicle.
During the Personal Contact phase, officers are trained to look for divided attention failures, such as when a driver fumbles or drops a wallet, purse, license, or registration.
Phase Three (Pre-Arrest Screening) is when the officer administers field sobriety tests to determine whether there is probable cause to arrest the driver for DWI.
The police are trained to scrutinize everything you do from the moment they see your car. If you drifted over the fog line on Hwy 14, they are already building a case. If you fumbled with your wallet while trying to hand over your driver’s license, they are noting it as a sign of impairment. But fumbling with a wallet at 2:00 AM when an officer is shining a flashlight in your face is completely normal behavior. It is not a crime to be nervous.
The SFST Battery
Horizontal Gaze Nystagmus (HGN)
9 Step Walk and Turn (WAT)
One Leg Stand (OLS)
Horizontal Gaze Nystagmus (HGN)
What is HGN?
“Nystagmus” is an involuntary jerking of the eyes.
Horizontal Gaze Nystagmus (HGN) occurs as your eyes gaze to the side.
Alcohol and certain other drugs cause Horizontal Gaze Nystagmus.
You cannot feel this jerking happening, and you cannot control it. Unlike the other tests, this one is not about your balance or your coordination.
How HGN Must Be Administered: The officer must follow very specific steps to conduct this test.
They must position the stimulus (usually a pen or penlight) approximately 12 to 15 inches from your nose.
The stimulus must be held slightly above your eye level.
The officer will look for three specific clues of impairment in each eye.
The three clues the officer is looking for are:
Lack of Smooth Pursuit.
Distinct and Sustained Nystagmus at Maximum Deviation.
Onset of Nystagmus Prior to 45 Degrees.
If an officer finds four or more of these clues, the government claims the test is 88% accurate at detecting a blood alcohol concentration (BAC) at or above 0.08.
Common Officer Mistakes During HGN: This test is highly technical. Olmsted County deputies and Rochester police officers frequently mess it up.
Improper Distance: The manual strictly requires the officer to hold the pen approximately 12 to 15 inches from the subject’s nose. If the officer holds it too close or too far, the test is unreliable.
Ignoring Medical Conditions: Before starting, officers must check for equal pupil size, resting nystagmus, and equal tracking. This is because certain brain injuries or medical issues can cause nystagmus. Officers often skip this vital step.
Flashing Lights: The NHTSA manual specifically warns officers to try to face the subject away from flashing or strobe lights. These lights can cause visual distractions that impede the test. If you were facing the flashing squad car lights on Hwy 52, your eyes were compromised.”
Can Anyone Actually Walk That 9-Step Line? (The Walk and Turn Test)
What is the Walk and Turn?
The Walk and Turn is a divided-attention test with two stages: the Instruction stage and the Walking stage.
How WAT Must Be Administered: The officer gives you strict instructions.
You must take nine heel-to-toe steps, turn in a prescribed manner, and take nine heel-to-toe steps back.
Officers are trained to observe your performance for eight specific clues.
You lose balance
You start too soon
Stops while walking
Does not touch heal-to-toe
Steps off the line
Uses arms for balance
You Manke an imporper turn
Incorrect number of steps
You must take nine heel-to-toe steps, turn in a prescribed manner, and take nine heel-to-toe steps. If an officer spots two or more clues, they claim the test is 79% accurate in detecting a BAC at or above 0.08.
Common Officer Mistakes During WAT: This test is designed for failure. Even completely sober, highly nervous drivers struggle with it.
Terrible Road Conditions: The manual clearly states that whenever possible, the WAT test should be conducted on a reasonably dry, hard, level, non-slippery surface. If the officer made you do this on a slanted, gravel shoulder or an icy Rochester road, the results are compromised.
Age and Medical Limitations: The government’s own research notes that individuals over 65 years of age, or people with back, leg, or inner ear problems, have difficulty performing this test.
Improper Footwear: If you are wearing heels more than 2 inches high, you should be given the opportunity to remove your shoes. Officers routinely fail to offer this option to drivers.
Why Did I Have to Balance on One Leg? (The One-Leg Stand)
What is the One-Leg Stand?
Like the Walk and Turn, the One-Leg Stand is a divided attention test.
You have to balance while counting.
How OLS Must Be Administered:
You must raise one foot, either foot, approximately six inches off the ground.
The officer must time you for exactly 30 seconds.
This 30-second period is an important part of the test because research shows many impaired subjects can stand on one leg for up to 25 seconds, but few can do so for 30 seconds.
The officer is looking for four specific clues:
Sways while balancing.
Uses arm(s) to balance.
Hopping.
Puts foot down.
Two or more clues indicate an 83% accuracy of a BAC at or above 0.08.
Common Officer Mistakes During OLS:
Subjective “Swaying”: The manual states that slight tremors of the foot or body should not be interpreted as swaying. It must be a distinct, noticeable side to side or front to back movement. Officers routinely exaggerate “slight tremors” in their reports to justify an arrest.
Not Timing 30 Seconds: Officers frequently guess the time. If they didn’t use a watch and stopped the test at 45 seconds, you were unfairly penalized.
Ignoring Physical Limitations: Just like the Walk and Turn, age, weight, and medical issues heavily impact your ability to balance on one leg. We heavily scrutinize the officer’s report if they ignored your physical reality.
Are Roadside Breathalyzers Actually Accurate? (The PBT)
After the physical tests, the officer likely asked you to blow into a small handheld device. This is the Preliminary Breath Test (PBT).
The PBT is a stage in the pre-arrest screening of a DWI subject.
The basic purpose of the PBT is to demonstrate the association of alcohol with the observable evidence of the subject’s impairment.
It provides a direct indication of the BAC level, but it does not indicate the level of the subject’s impairment.
However, PBTs are notoriously flawed. There are several factors that can artificially inflate your BAC reading on the side of the road.
Residual Mouth Alcohol: If you exhale soon after drinking, the breath sample will pick up leftover mouth alcohol. This means the breath sample will contain an additional amount of alcohol, causing the test result to be higher than the true BAC.
Breath Contaminants: Substances like ether, chloroform, acetone, acetaldehyde, and cigarette smoke may produce a positive reaction on certain devices.
Radio Frequency Interference: Radio frequency interference can produce either high or low test results. It can also prevent a breath test device from producing any result at all. If the officer’s radio was active during the test, the reading could be completely wrong.
Why Did I Feel Completely Sober? (The Mellanby Effect)
Many professionals we represent at Kohlmeyer Hagen Law Office tell us, “I felt completely fine to drive.” This is actually a scientifically documented phenomenon known as the Mellanby Effect.
A person feels more impaired while his or her BAC is still rising, than at the same level while his or her BAC is declining.
The person is not less impaired, but they “feel better”.
Even though a person may feel better on the declining curve, their impairment may be worse.
This is why you might have honestly believed you were entirely safe to navigate Rochester’s roads, only to be shocked by the officer’s accusations.
What Are the Hidden Costs of an Olmsted County DWI?
The police want you to think the arrest decision was a mathematical certainty. But the NHTSA manual explicitly states how subjective this process truly is.
The arrest decision is based on all of the evidence obtained during all three detection phases.
Your arrest/no arrest decision is the culmination of the DWI detection process.
It is an opinion. It is a judgment call made by a human being on the side of a busy highway at 2:00 AM. And human beings make mistakes.
In Minnesota, the roadside tests are just the beginning of the nightmare. A DWI in Olmsted County is not a simple traffic ticket. There are hidden costs and traps:
Refusal is a Crime: The state treats a refusal to take the official evidentiary chemical test at the station as a crime. In Minnesota, Refusal is a Gross Misdemeanor and often carries harsher penalties than simply taking and failing the test.
Strict 60-Day Deadline: Your driver’s license is automatically revoked following a DWI arrest or a test refusal. You only have a strict 60-day window to file a challenge to save your driving privileges. If you miss this deadline, you lose your right to fight the revocation entirely.
Prescription DWI: You can be charged with a DWI even if you haven’t touched a drop of alcohol. A valid prescription for medications like Ambien or Adderall can lead to a Prescription DWI. Affirmative defenses apply, but you have to fight for them.
As a professional in Rochester, your livelihood depends on your reputation. If you work at the Mayo Clinic, a DWI conviction can trigger severe disciplinary actions from your medical licensing board. It can jeopardize your hospital privileges. If you hold a security clearance for your job, a Gross Misdemeanor Refusal charge, or a Prescription DWI can be a career-ender.
The “hidden costs” of a plea deal are simply too high. You cannot afford to just plead guilty and hope for the best.
When you hire the Kohlmeyer Hagen Law Office, you are not getting “city lawyers” who zoom in from the Twin Cities for a quick plea deal. You are getting experienced DWI lawyers. We are a premium defense firm. Our firm does not compete on price; rather compete on the value and results we bring to your case.
The Attorneys at Kohlmeyer Hagen know the exact maneuvers the local highway patrol uses. We cross-examine the officers using their own manuals. Always demand the body camera footage in every case. We look for the exact moments they deviated from their training, because when they break the rules, your case gets stronger.
Fight the Arrest Before It's Too Late
Don't Fight the Case or Proscuator Alone
The time to start fighting your case is now. Have one of our Rochester, Minnesota DWI lawyers review your case today.
Thomas K. Hagen is a founding partner at Kohlmeyer Hagen Law Office and an award-winning Rochester, Minnesota, attorney dedicating 100% of his practice to criminal defense. Named a National Trial Lawyer of the Year and Minneota Attorney of the Year, Tom’s high-profile casework and legal insights have been featured on NBC’s Dateline, The New York Times, and USA Today. He is the author of the book Arrested for DWI in Minnesota and leverages nearly two decades of aggressive courtroom experience to fiercely protect the rights of the accused. Tom holds the highest possible Avvo rating, is named a Super Lawyer, and is committed to providing top-tier, personalized defense strategies for his clients.