Will I Lose My DUI Case if I Failed the Field Sobriety Tests?

 Posted on October 07, 2026 in DUI

Failing field sobriety tests does not mean you will lose your DUI case. These roadside exercises are subjective. They are scored by the same officer who already suspected you were impaired, and sober people can perform poorly on them for reasons that have nothing to do with alcohol.

A poor performance on field sobriety tests does not automatically determine the outcome of a Virginia DUI case. If you are facing a charge in 2026, an Arlington, VA criminal defense lawyer can help you build a case to challenge the charge.

What Does Virginia Law Say About Driving Under the Influence?

Virginia prosecutes impaired driving under Va. Code § 18.2-266. In an alcohol-based DUI case, the Commonwealth may use a breath or blood test showing that your blood alcohol concentration (BAC) was 0.08 or higher. It can also rely on other evidence that you were under the influence of alcohol, including your speech, movements, behavior, or appearance.

Field sobriety tests are only one part of that evidence. Prosecutors may also point to how you were driving, the smell of alcohol, and the officer's observations. Failing the roadside tests does not prove that you are guilty. The Commonwealth still has to prove the DUI charge beyond a reasonable doubt.

Why Do Sober People Fail Field Sobriety Tests?

These tests were designed to measure balance, coordination, and the ability to follow spoken instructions, which many things besides alcohol affect. Examples include:

• Inner ear conditions, vertigo, or any problem with equilibrium
• Back, knee, hip, or ankle injuries, including old ones
• Neurological conditions, diabetes, and certain prescription medications
• Being over 65 or significantly overweight, which can make some balance tests harder to perform
• Dress shoes, boots, heels, or sandals
• A sloped shoulder, loose gravel, or uneven pavement
• Rain, wind, cold, or headlights shining into your eyes
• Exhaustion after a long shift or a long drive
• Ordinary nervousness at being stopped by police at night

Anxiety can also affect how a person performs. Balancing on one leg while an officer watches and takes notes is not a neutral situation for anyone, sober or not.

How Can Field Sobriety Test Results Be Challenged in Virginia?

The strongest challenges to field sobriety tests start with the video. Body camera and dash footage often show steadier walking and clearer speech than the written report describes, and it captures whether instructions were delivered properly.

The standardized field sobriety tests have national guidelines covering how instructions are given, how the tests are demonstrated and scored, and the conditions under which they were studied. If an officer rushes the instructions, skips a required demonstration, or scores something incorrectly, the defense can question how reliable the results are.

Your attorney can also request the officer's training records. Those records can show what standardized field sobriety test (SFST) training the officer received. This training teaches officers how to give, demonstrate, and score the roadside tests. The records can help show whether the officer followed that training during your stop.

Finally, conditions can be documented after the fact. Photographs showing a sloped shoulder, gravel, or poor lighting establish circumstances the report left out entirely.

Can You Appeal a DUI Conviction in Virginia?

A DUI conviction in General District Court can be appealed to Circuit Court within 10 days. The appeal gives you a new trial rather than a review of the first judge’s decision. You may also request a jury trial.

This means a General District Court conviction is not necessarily the final result. However, an appeal does not guarantee a better outcome. Your attorney can evaluate the evidence, including the field sobriety tests, and decide whether a new trial in Circuit Court is worth pursuing.

Schedule a Free Consultation With Our Fairfax, VA DUI Defense Attorney

Attorney Bret Lee brings over 15 years of experience to Virginia DUI cases and has earned nearly 100 five-star reviews. He has a calm, confident, and reassuring approach, which matters when you are facing a charge that has you worried about your license and your job.

Contact Bret Lee Legal Solutions at 703-936-0580 to talk to our Arlington, VA criminal defense lawyer today. Evening and weekend appointments are available.