Powerful Advocacy,  Investigation, Negotiation, and Litigation

Can you challenge a field sobriety tests in Missoula?

On Behalf of | Mar 27, 2025 | Criminal Law |

That moment when blue lights flash behind you on the street can change everything. If an officer asks you to perform field sobriety tests on a cold Montana night, it is critical to understand your options for protecting your driving privileges.

The three standard tests Missoula officers use

Local law enforcement relies on these standardized tests in DUI cases:

  • Horizontal gaze nystagmus: Officers track your eye movements for involuntary jerking.
  • Walk-and-turn: This test requires walking nine steps in a straight line with the heel touching the toe, then turning and walking back the same way.
  • One-leg stand: You balance on one foot while counting aloud.

These tests serve as key evidence in DUI cases throughout Missoula County.

Montana conditions vs. test accuracy

Missoula’s unique conditions provide legitimate grounds for challenging test results. Performing these tests on an icy Higgins Avenue sidewalk in January or during a gusty evening creates documented difficulties that can affect anyone’s performance. These are factors that you can highlight in your defense.

Health realities that impact results

Many Missoula residents have valid medical reasons to challenge test results:

  • Skiers with previous knee injuries
  • Construction workers with back issues
  • Residents with ear infections affecting their balance
  • Older adults with natural coordination changes

These common conditions can slightly impact test performance even when you are completely sober.

Know your rights in Missoula County

Montana law does not require field sobriety test participation — a fact that provides options during traffic stops near campus or downtown. This knowledge alone can significantly impact your case.

Evidence that protects your license

Officers must follow specific National Highway Traffic Safety Administration protocols when administering the tests. Dashcam footage might reveal procedural inconsistencies that can be challenged in court.

Preserving driving freedom

For anyone traveling Missoula’s roads, challenging field sobriety tests provides a vital opportunity at both DMV hearings and in court. With proper representation, these challenges help preserve your ability to drive to work, care for your family and maintain independence.