Here's what they won't explain at the roadside.
The walk-and-turn. The one-leg stand. Follow-the-pen with your eyes. These are field sobriety tests, and in Louisiana, they're voluntary. You can decline them.
They're Not a Test — They're Evidence Collection
Field sobriety tests aren't things you pass. They're evidence being built against you in real time.
Start too soon. Sway once. Step off the line. Every one of those goes into the officer’s report as a “clue” of impairment. The tests are scored, and the scoring is built to find clues, not to clear you.
Why Sober People Fail
Sober people give up “clues” every single day, for reasons that have nothing to do with alcohol:
• Bad knees or an old injury
• A gravel or uneven roadside shoulder
• Cold weather
• Nerves, because you're standing on the side of the road with lights flashing behind you
• Headlights and patrol lights in your eyes while you're trying to balance
None of that helps you. And by the time you're asked to perform these tests, the officer has often already decided how the results will read.
How to Decline, the Right Way
You don't need to argue, lecture, or try to prove you're fine. Keep it short and polite:
“Officer, I’m not doing the roadside tests.”
Then stop talking.
Roadside Tests vs. the Chemical Test: Know the Difference
This is the part people get wrong most often, and it matters.
The field sobriety tests at the roadside are voluntary. The chemical test — breath or blood, usually administered at the station — is a different matter entirely. It's governed by Louisiana's implied consent law, and refusing it carries its own consequences, including an automatic license suspension.
That's a separate decision, with separate stakes. It's also the moment to ask for a lawyer.
The Bottom Line
Decline the roadside tests. Stay polite. Stay quiet. Understand that the chemical test is a different question with real consequences attached — and get a lawyer involved before you decide how to handle it.
Be polite. Be quiet. Fight SMART.
Stephen D. Hébert is a criminal defense attorney and former prosecutor representing clients across Orleans, Jefferson, St. John, Terrebonne, Lafourche, and St. Charles parishes, and in federal court for the Eastern District of Louisiana. If you or someone you know has been arrested for DWI, contact the firm at (504) 250-6020.