Accused of Failing Field Sobriety Tests in Rhode Island? What You Need to Know
If you were pulled over on I-95, Route 6, or Route 146—or stopped by local police in Providence, Cranston, Warwick, or Newport—one of the first things a law enforcement officer will ask you to do is step out of your vehicle to perform Standardized Field Sobriety Tests (SFSTs).
Officers use these physical and cognitive roadside tests to evaluate your coordination, balance, and ability to follow instructions. They claim these tests provide scientific evidence of alcohol or drug impairment.
In reality, Field Sobriety Tests are highly subjective, notoriously unreliable, and designed for you to fail. Factors like nervousness, physical injuries, uneven pavement, poor lighting, traffic distraction, or wearing improper footwear frequently cause sober drivers to fail.
Where Is Your Rhode Island DUI Case Handled?
All DUI charges, breathalyzer refusal citations, and field sobriety challenges in Rhode Island are processed through specific court jurisdictions based on the arresting agency:
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Rhode Island Traffic Tribunal (RITT): 1000 New London Ave, Cranston, RI 02920 (Handles civil breathalyzer refusal summonses under R.I.G.L. § 31-27-2.1).
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Rhode Island District Courts: (e.g., 6th Division District Court in Providence, 3rd Division in Warwick, 2nd Division in Newport) (Handles criminal DUI charges under R.I.G.L. § 31-27-2).
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Prosecuting Authority: Local Municipal City/Town Solicitors or the Rhode Island Department of Attorney General.
The 3 NHTSA Standardized Field Sobriety Tests in Rhode Island
The National Highway Traffic Safety Administration (NHTSA) recognizes only three standardized tests. Police officers watch for specific "clues" of impairment during each:
|
Standardized Test Name |
How the Test Is Administered |
Common "Clues" Officers Count Against You |
|
Horizontal Gaze Nystagmus (HGN) |
The officer moves a pen, penlight, or finger side-to-side and asks you to track it with your eyes without moving your head. |
• Lack of smooth eye pursuit. • Distinct eye jerking at maximum deviation. • Eye jerking starting prior to a 45-degree angle. |
|
Walk-and-Turn (WAT) |
You are instructed to take 9 heel-to-toe steps along a straight line, turn in a specific manner, and take 9 heel-to-toe steps back while counting aloud. |
• Losing balance during instructions. • Stopping while walking or stepping off the line. • Failing to touch heel-to-toe or taking the wrong number of steps. |
|
One-Leg Stand (OLS) |
You must raise one foot roughly 6 inches off the ground, look at your foot, and count aloud ("one thousand one, one thousand two...") for 30 seconds. |
• Swaying while trying to balance. • Raising your arms more than 6 inches for balance. • Hopping or putting your foot down before 30 seconds ends. |
Can You Legally Refuse Field Sobriety Tests in Rhode Island?
YES. You have the legal right to refuse Field Sobriety Tests in Rhode Island.
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No Statutory Penalty for Refusing FSTs: Rhode Island's Implied Consent law (R.I.G.L. § 31-27-2.1) applies only to chemical tests (breath, blood, or urine tests at the station). Refusing roadside physical field tests is not a crime, nor does it trigger an automatic RMV/DMV license suspension.
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No Evidence Granted: Refusing roadside physical tests limits the prosecution's evidence, forcing them to rely strictly on general observations.
How We Challenge Field Sobriety Test Evidence in Rhode Island Courts
If you performed roadside tests prior to your arrest, our defense practice aggressively attacks the validity of the officer's scoring in court:
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Auditing NHTSA Administration Protocols: Demonstrating where officers failed to follow exact federal testing procedures.
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Exposing Environmental & Physical Factors: Presenting evidence of bad lighting, highway traffic sway, medical issues, or poor footwear.
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Subpoenaing Body-Cam & Dash-Cam Video: Exposing inconsistencies between written police reports and actual video footage.
Contact Our Rhode Island DUI Defense Team Today
The Law Offices of Kensley Barrett
📍 Rhode Island Office: 1000 Chapel View Blvd, Suite 260, Cranston, RI 02920
📞 Call Now: (401) 425-4059
🌐 Website: www.krbarrettlaw.com
