Field Sobriety Tests in North Carolina: All You Need to Know

By Doug Edwards

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DUI/DWI Defense

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Last Modified on May 07, 2025

If a driver is pulled over in a routine traffic stop in North Carolina, the officer who initiated the traffic stop may suspect the driver of being impaired. A number of signs may indicate that a driver is intoxicated. If you’re pulled over, and this happens to you, it’s important that you know your rights when asked to perform field sobriety tests in North Carolina.

Signs That May Indicate to an Officer That a Driver Has Been Drinking

A police officer may suspect that a driver is under the influence of alcohol before even pulling them over. For instance, reckless driving is a major red flag. Erratic driving patterns, such as swerving, frequent lane changing, and near-accidents, are indicators that a driver is impaired. Speeding, dramatic changes in speed, and failure to obey traffic signals are also common behaviors of drunk drivers.

When an officer stops a driver and suspects that they might have been drinking, they begin observations as they approach the car. They look for more obvious signs of drinking. Two of the most common preliminary indicators that suggest a driver is impaired are their eyes and their speech. Intoxicated drivers typically have bloodshot eyes and slurred speech.

Another easy tell is when there is a strong smell of alcohol or other drugs coming from a vehicle. Officers are trained to look for any visible open containers of alcoholic beverages or other drug paraphernalia inside the vehicle. Signs of these items may constitute probable cause for an arrest if the officer believes the driver has been drinking.

Field Sobriety Tests in North Carolina

Another common sign of alcohol abuse is delayed responses. To check for these responses, verify probable cause for an arrest, and further determine if the driver has been drinking, field sobriety tests are administered.

Law enforcement officers are trained to administer field sobriety tests to observe behaviors commonly exhibited by individuals who have overconsumed alcohol. Field sobriety tests can gauge a driver’s ability to appropriately apply cognitive function to simple tasks that are much easier than driving a car for the average sober person.

According to the National Highway Traffic Safety Administration, field sobriety tests are more scientifically reliable than mere observations. Both observations and field sobriety test results are admissible in court, as is a driver’s refusal to participate in field sobriety tests.

Types of North Carolina Field Sobriety Tests

North Carolina employs three types of field sobriety tests. These are also the three tests endorsed by the National Highway Traffic Safety Administration. Studies show that these tests can indicate intoxication, but they are subjective. A failed field sobriety test doesn’t always mean an individual is intoxicated.

Each test is designed to evaluate specific reflexes that are believed to be noticeably compromised when under the influence.

• The horizontal gaze nystagmus test: When someone is intoxicated, the involuntary jerking of the eyeballs is believed to indicate intoxication.
• The one-leg stand and walk-and-turn tests are divided attention tests. They test for coordination and the ability of the subject to follow instructions.

Can I Refuse a Field Sobriety Test in NC?

North Carolina drivers have the right to refuse a field sobriety test without direct consequences. This is not the case, however, with other tests like a breathalyzer test, for instance. Drivers still have the right to refuse a breathalyzer test, but doing so will result in consequences, such as the immediate loss of driving privileges.

Failing One or More Field Sobriety Tests in North Carolina

Just because you failed one or more of these tests doesn’t mean you’re guilty. In fact, many defendants have successfully used an invalid field sobriety test defense to get their DUI charges dropped. A North Carolina DUI attorney can be a great resource for you to discuss your case and determine if you have a valid DUI defense. If a field sobriety test wasn’t administered properly, you may be able to get your charges dropped.

Don’t wait to hire a DUI lawyer, though. The more time they have to investigate your case, the better.

FAQs

Q: Are Field Sobriety Tests Required in North Carolina?

A: No, field sobriety tests are not required in North Carolina. It can be noted in your case that you denied taking the test when asked by law enforcement, but there is no direct consequence for not participating in these types of tests. Since there is no reliable research to back up their validity, the results of these tests are questionable.

Q: What States Require You to Take a Field Sobriety Test?

A: No states require you to take a field sobriety test. The results of such tests are questionable, and they are more or less used by police to build a case for probable cause in making an arrest. They are not subject to implied consent laws, like a breathalyzer, which scientifically confirms intoxication.

Q: Can I Refuse a Breathalyzer in North Carolina?

A: You have the right to refuse a breathalyzer in North Carolina, but in doing so, you will automatically lose your driver’s license on a temporary basis. Refusing a breathalyzer is always an option, but it’s a mandatory license revocation in NC. Also, refusal to test may be used against you in court.

Q: What Are the Three Field Sobriety Tests?

A: There are three field sobriety tests acknowledged by the National Highway Traffic Safety Administration. They are the one-leg stand, the walk-and-turn, and the horizontal gaze nystagmus tests. The first two are extremely subjective and only test coordination. The third is more scientific in that it tests a physiological reaction to intoxication, which is the involuntary jerking of the eyeball.

Hire a DUI Lawyer

DWIs are among the most common offenses in North Carolina. With 27,369 DWI convictions statewide in fiscal year 2023, hiring a skilled attorney is vital.

Edwards Law, PLLC, has experience with DUI cases in NC. We are also familiar with the DUI laws that pertain to your case. During an initial consultation, we can determine if you have a viable defense. Contact our law firm to discuss your DUI charge.