Failed Field Sobriety Test DUII Attorney

Call Adam Greenman today for your free, no obligation consultation – (503) 227-3800

Have you recently been pulled over in Oregon and failed a field sobriety test that resulted in a DUII charge?

You may be asking yourself...

  • Is there a way to fight the failed field sobriety test?

  • What are my options?

  • What should I do next?

No matter the outcome of your test, if you’ve been charged with a DUII in Oregon you have options. Given the subjective nature of field sobriety tests, even the most sober of drivers can fail a test.

At Adam Greenman Law, we help Portlanders who’ve failed field sobriety tests receive the fair treatment they deserve.

Is this your first DUII?


with a 10% discount for full payment up front.

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What is a Field Sobriety Test?

Field sobriety tests, or FSTs, are a series of tests used by law enforcement officers throughout the country to test whether a driver is under the influence.

Blood alcohol tests are preferred when determining if a driver is intoxicated, as they are scientific tests that deliver objective results. Unfortunately, not all police cars are equipped with the capability to administer them, so FSTs are used.

Despite what police officers might tell you, Oregon drivers are not legally required to take field sobriety tests. Refusal will not result in you losing your license.

Legal Repercussions of a Failed Field Sobriety Test

Failing a field sobriety test generally results in your arrest on suspicion of driving under the influence. This failure is seen as probable cause, and will be used as evidence in the prosecution's case against you.

Being convicted of a DUII can hurt your ability to...

  • Pass Background Checks: For instance, volunteering at your kids school could require passing a background check

  • Find Work: Some jobs requiring vehicle operation automatically eliminate any candidates with DUII convictions. You’ll also always have to check that you have a prior conviction on employment applications.

  • Live in the Home You Want: In today’s competitive real estate market, any conviction can hurt your chances to pass rental and mortgage applications.

If you’ve failed an FST and are currently being prosecuted on a DUII charge, Adam Greenman Law can help.


What Can Adam Do For Your Case?

Every DUII case is different. This is particularly true when you’ve failed a field sobriety test and are being tried on a DUII charge. Given the subjective nature of FSTs, there are many aspects of these DUII cases that need to be thoroughly investigated to ensure the FST would stand in court, including:

  • If there is a medical or prescribed medical treatment that could have caused the failed test?

  • Any technical or procedural steps that were missed during administration of the test?

  • Whether or not there is a videotape of the test to ensure its accuracy

  • Did the officer administer the horizontal gaze test in compliance with all regulations required for the result to be considered scientifically valid?

When you work with Adam, he will thoroughly investigate these issues and discuss your options moving forward once the picture is clear.

Navigation Through the Court System

Adam will help you through the DUII legal process, guiding you through the court system to ensure you are treated fairly. We’ll work hard to make sure you get the best result for you to ensure your life is affected as little as possible.

In addition to factors relating to the field sobriety test, there are many other issues that must be investigated, such as:

  • Anything said during the arrest

  • Police behavior during the arrest — did they follow all the steps required of them?

  • Did you also fail a Blood alcohol content test?

  • Is this your first DUII arrest?

  • Whether you are underage or you had an underage person in your car


"Adam Greenman is an honest, upright, straight shooting, extremely qualified lawyer. He does everything he can to take care of your issues and you can feel 100% assured that he would act professionally and responsibly. He gained valuable experience as a public defender. He will not leave a stone unturned as he works to sort out your case. Even if your case is not worth a large amount of money to him, he will give it the same attention to a case that could potentially allow him to bill significant hours or on a retainer that could prove lucrative to him. He is very easygoing and his demeanor is re-assuring and comforting."

- Phillip Silberberg, MD on Google+

Call Adam today for a free, confidential consultation today – (503) 227-3800


About Adam Greenman Law

Adam Greenman has been standing up for the underdog since he started his career as a district attorney in Multnomah County. An expert in DUII defense, Adam works tirelessly to ensure justice for his clients.


Is failing a field sobriety test the same as failing a blood alcohol test?

It is not. Failing a field sobriety test essentially gives police officers the ability to arrest you based purely on their own observations. However, if you go to the police station and pass a blood alcohol test, the only evidence of impairment would be the officer’s opinion and that’s a fairly weak case. On the other hand, if you attempt the FSTs and fail them, that is much stronger evidence against you, even if you pass a blood test.

Depending on the circumstances of the case, a prosecutor may or may not choose to move forward with a DUII case against you, but it’s not as solid as if you had failed a BAC test.

If I have failed a field sobriety test, will I have my license automatically revoked?

Unlike failing a blood alcohol test, which results in an immediate license suspension due to Oregon’s implied consent laws, a failed field sobriety test will only lead to an arrest. These tests essentially give police officers the probable cause they need to make an arrest.

Once at the police station, you will be given a BAC test will be administered. A failure or refusal of the BAC test will result in an immediate suspension of your license.

Should I submit to a field sobriety test?

We do not recommend anyone submit to a field sobriety test. Even sober drivers can easily fail FSTs given the subjective nature of the tests.

Police officers might imply the test is required by citing the Rohrs Admonishment, which states that your refusal can be used against you in court. What it does not say is that it will trigger a guilty verdict or immediate revocation of your license. Any good lawyer will be able to explain away your refusal to take the test.

A refusal of taking the test will likely just mean that you will have to go to the police station and take a BAC test. If that test is refused, you will be given an immediate 1-year suspension.