Key Takeaways
- You Can Say No: Field Sobriety Tests (like walking a straight line or following a pen with your eyes) are 100% voluntary in North Carolina. You can politely refuse them.
- Roadside vs. Station: Refusing the tiny, handheld roadside breathalyzer does not suspend your license. But refusing the big breathalyzer machine at the police station will suspend your license for a year.
- The Tests Are Designed for You to Fail: Police officers grade these roadside gymnastics on a very strict system. Even sober people fail them because of nerves, bad knees, or uneven roads.
- Guilford County is a Hotspot: Guilford County ranks in the top three counties in North Carolina for drunk driving crashes. Because of this, Greensboro and High Point police are very aggressive during traffic stops.
- We Are Your Champion: If you already took the tests and failed, do not panic. At Huggins Law Firm, we know how to challenge the officer’s grading system in court to protect your freedom.
It is late at night. You are driving home from a nice dinner in downtown Greensboro or High Point. Suddenly, you see those flashing blue lights in your rearview mirror. Your stomach drops.
You pull over. The police officer walks up to your window, shines a bright flashlight in your face, and asks, “Sir, step out of the vehicle. I need you to perform a few tests to make sure you are safe to drive.”
Hello. My name is Attorney Micah Huggins. I am the founder of Huggins Law Firm, P.C.. For over a decade, we have been helping good people in our community out of very tough spots. We are highly rated, and we have won multiple awards. But awards are not what matter to me. What truly matters is keeping you safe and protecting your future. We proudly defend folks in Greensboro, Graham, Burlington, Asheboro, High Point, Kernersville, and Winston-Salem.
Our firm was built on a very simple promise: Justice with Integrity. Representation with Heart. At Huggins Law Firm, we believe that great representation goes beyond just knowing the law. It is about standing up for people when the stakes are high, when the odds are heavy, and when the court system feels totally overwhelming.
Founded by me, Attorney Micah E. Huggins, the firm was built on a simple belief: every single client deserves clarity, compassion, and a champion in their corner. Whether you need help with a criminal defense case, a Family Law matter, Estate Planning, or a Personal Injury claim, we bring the exact same level of hard work to every single case.
We do not just file papers or show up in court. We fight with strategy, we counsel with empathy, and we work to restore what has been lost — your dignity, your stability, or your peace of mind.
Today, we are talking about what happens on the side of the road. People are so confused about what they legally have to do during a traffic stop. Let’s break down exactly what Field Sobriety Tests are, why the police use them, and whether or not you actually have to perform them.
What Are the Drunk Driving Statistics in Guilford County?
Before we talk about your rights, we need to talk about why the police are asking you to step out of the car in the first place.
If you feel like the police in Greensboro and High Point are extremely strict about drunk driving, you are absolutely right. They are under a massive amount of pressure to keep the roads safe. Let’s look at the real data.
According to the North Carolina Division of Motor Vehicles and the State Highway Patrol, Guilford County is consistently ranked as one of the most dangerous counties in the state for impaired driving. In a recent report for the year 2020, Guilford County ranked in the top 3 counties in North Carolina for drunk driving crashes, with over 600 alcohol-related collisions in a single year. Guilford County also ranked in the top three for drunk driving fatalities.
Statewide, there are almost 25,000 Driving While Impaired (DWI) convictions every year in the North Carolina Court System.
Because these numbers are so high, the Greensboro Police Department and local sheriff’s deputies do not take chances. They pull over tens of thousands of cars every year. If they smell even a tiny drop of alcohol on your breath, they are going to start an investigation. That investigation almost always starts with Field Sobriety Tests.
What Exactly Are Field Sobriety Tests (FSTs)?
Field Sobriety Tests are a series of physical and mental exercises. The police officer uses them to try and figure out if you are too drunk or high to drive.
There are three “standardized” tests that the National Highway Traffic Safety Administration (NHTSA) teaches police officers to use.
1. The Horizontal Gaze Nystagmus (HGN) Test
This is the “eye pen” test. The officer will hold a pen or a small flashlight about a foot away from your nose. They will tell you to follow the pen with your eyes without moving your head. They are looking for “nystagmus,” which is a fancy medical word for a little bounce or jerk in your eyeball. When people drink alcohol, their eyes bounce slightly when they look to the side.
2. The Walk and Turn Test
The officer will ask you to stand on an imaginary straight line. They will give you a long list of instructions. You have to take nine heel-to-toe steps down the line, turn around on one foot, and take nine heel-to-toe steps back. They are grading you on everything. If you start before they tell you to, that is a point against you. If you step off the line, you lose a point. If you use your arms to balance, you lose a point.
3. The One-Leg Stand Test
The officer will tell you to lift one foot about six inches off the ground, point your toe, look at your foot, and count out loud (“One thousand one, one thousand two…”) until they tell you to stop. If you sway, hop, put your foot down, or use your arms, they mark it as a failure.
So, Do I Have to Perform Field Sobriety Tests in NC?
The short, honest answer is NO.
You are not legally required to perform these roadside gymnastics. In North Carolina, Field Sobriety Tests are completely, 100% voluntary.
When the officer asks you to step out of the car, you must step out. The United States Supreme Court says an officer can order you out of the car for safety reasons. But once you are standing on the sidewalk, you do not have to perform their tricks.
You can look the officer in the eye and say, “Officer, with all due respect, my lawyer told me never to perform Field Sobriety Tests. I am politely declining your request.”
Why Do People Do the Tests If They Are Optional?
Most people do them because the police officer makes it sound like an order. The officer will say, “I need you to walk this line,” not “Would you like to walk this line?” The officer does not have to tell you that the tests are optional.
Also, people think that if they pass the tests, the officer will let them go home. That almost never happens. The officer is not giving you the tests to prove you are sober. They are giving you the tests to gather evidence against you for court!
What About the Roadside Breathalyzer? Do I Have to Blow?
This is the biggest point of confusion for most drivers. There are actually two different breathalyzer tests. You need to know the difference between them.
1. The Portable Breath Test (PBT)
When you are on the side of the road, the officer might pull out a tiny, handheld machine. This is a Portable Breath Test. You do NOT have to blow into this machine. Refusing the roadside PBT will not cause you to lose your license. It is just another voluntary field test.
2. The Official Intoximeter at the Police Station
If the officer arrests you, puts you in handcuffs, and takes you downtown to the police station or jail, they will ask you to blow into a large, heavy machine called an Intoximeter. This test is NOT optional.
Under North Carolina’s “Implied Consent” law, you must take the official chemical test at the station. If you refuse to blow into the big machine at the station, the North Carolina DMV will automatically suspend your driver’s license for one full year. This is a civil penalty, and it happens even if you are totally innocent of the DWI!
So, to keep it simple: You can say NO to the tests on the side of the road. But you must say YES to the big machine at the station.
Can I Lose My License for Refusing the Roadside Tests?
No. There is no penalty from the DMV for politely refusing the Walk and Turn, the One-Leg Stand, the Eye Test, or the handheld roadside breathalyzer. Your license will not be suspended just because you did not want to do gymnastics on the highway.
However, if you refuse the tests, the officer will probably arrest you. They will say that the smell of alcohol on your breath and your refusal to cooperate gave them “probable cause” to arrest you for DWI.
Getting arrested is scary. But going to court with zero evidence against you is much better than going to court after giving the police a video of you stumbling and falling over on the side of the road!
Why Are Field Sobriety Tests a Terrible Idea?
Even if you are completely sober, you should not take these tests. They are designed for failure.
Think about it. You are standing on the side of Interstate 40 or a dark road in Kernersville. Semi-trucks are flying past you at 70 mph. The blue lights are blinding you. You are nervous, shaking, and cold. The officer is giving you a long list of confusing instructions in a very stern voice.
How well are you going to balance on one foot under that kind of stress?
Furthermore, these tests do not account for normal human problems. The officer does not care if:
- You are 60 years old and have a bad back.
- You are 50 pounds overweight.
- You had knee surgery last year.
- You are wearing high heels or heavy work boots.
- The road is sloped, wet, or full of gravel.
The officer will just mark down that you failed. That piece of paper will be handed to the prosecutor to try to convict you. This is why you must protect yourself and politely decline.
What If I Already Took the Tests and Failed?
If you are reading this blog post the morning after you were arrested, you might be panicking. You might be thinking, I already did the tests, I stumbled on the line, and I blew into the little machine. My life is over.
Take a deep breath. Your life is not over. That is why you have us.
When you hire Huggins Law Firm, we go to war against the officer’s evidence. We request the police body-camera footage from the North Carolina State Bureau of Investigation (SBI) or the local police department. We sit in our office and watch the video frame by frame.
We look for mistakes.
- Did the officer explain the rules correctly?
- Did the officer demonstrate the test wrong?
- Was the ground totally uneven?
- Did the officer hold the pen too close to your face during the eye test?
If the officer did not follow the strict NHTSA manual, we can file a motion in the Guilford County Courthouse to have the tests thrown out in the trash. If the judge throws the tests out, the prosecutor loses their best evidence, and we can often get the DWI reduced or completely dismissed.
How Attorney Micah Huggins Can Protect Your Future
A DWI charge is a massive threat to your whole life. You could lose your job, your driver’s license, and your freedom. You cannot fight this machine alone.
Because we also handle Family Law and Personal Injury, we know how deeply a suspended license or a criminal record hurts your family. If you cannot drive, you cannot pay child support. If you were in a car accident before the DWI arrest, you are dealing with physical pain on top of the legal stress. We treat you with respect and empathy. We look at the whole picture.
10 of the Most Common Questions Asked About Field Sobriety Tests in NC
When terrified drivers call our office, they ask a lot of the same questions. Here are the top ten questions people ask us about FSTs and DWIs, answered in plain English.
1. Does refusing the roadside tests make me look guilty?
The prosecutor will try to say it does. But an experienced lawyer will tell the judge that you were just exercising your legal rights. It is much easier to defend a refusal than it is to defend a video of you failing a balance test.
2. Can I ask to talk to my lawyer before doing the roadside tests?
You can ask, but the officer will probably say no. The Supreme Court says you do not have the right to a lawyer while you are just being investigated on the side of the road. You only get to call a lawyer later, at the police station, before you take the big breathalyzer machine.
3. What is the legal limit in North Carolina?
The legal limit for most adult drivers is a Blood Alcohol Concentration (BAC) of 0.08. For commercial drivers (CDL), it is 0.04. For anyone under the age of 21, the limit is 0.00 (zero tolerance).
4. Can I get a DWI for smoking marijuana or taking pills?
Yes. It is called “Driving While Impaired.” You can be impaired by alcohol, illegal drugs, or even perfectly legal prescription medicine from your doctor if it makes you unsafe to drive.
5. If I passed the roadside tests, why did I still get arrested?
The officer might have smelled alcohol, noticed your eyes were red, or seen you swerving before the traffic stop. The tests are just one piece of the puzzle. The officer can still arrest you based on their overall observations.
6. Can I request a blood test instead of a breath test?
Yes. If you take the breath test at the station and disagree with the results, you have the right to demand that the police take you to a hospital to get your own independent blood test drawn. The police must help you do this.
7. Do I have to answer the officer’s questions about where I was drinking?
No! You have the right to remain silent. If the officer asks, “How much have you had to drink tonight?” you should politely say, “Officer, I decline to answer any questions without my lawyer.”
8. Will my car be towed if I am arrested for DWI?
Yes. If you are alone in the car and arrested, the police will tow your vehicle. You will have to pay expensive towing and storage fees to get it back the next day.
9. What happens if I miss my court date for a DWI?
This is a disaster. The judge will issue an Order for Arrest. The DMV will immediately suspend your driver’s license. You will be arrested the next time you get pulled over. We can help fix missed court dates, but you must act fast.
10. Why do I need Micah Huggins for a DWI?
DWI defense is the most highly technical area of criminal law. It involves science, biology, machines, and complicated police rules. You need a champion who knows how to cross-examine police officers and find the holes in their story. That is exactly what we do.
Do Not Let the System Tear You Down
A DWI arrest is an embarrassing, terrible night. The police want you to feel helpless. They want you to believe that because you failed their little roadside games, your case is hopeless.
But you do not have to fight the system alone.
At Huggins Law Firm, P.C., we stand ready to defend you. We will listen to your story, explain your options clearly, and work tirelessly to protect your driving record, your job, and your family’s future.
If you are facing DWI or traffic charges in Greensboro, High Point, Graham, Burlington, Asheboro, Kernersville, or Winston-Salem, reach out to us today.
Visit our home page to learn more about how we can help you. Justice with Integrity. Representation with Heart. We are in your corner. Let’s start building your defense today.
