The DUI Stop & Field Sobriety

Can I be arrested for DUI if I passed the field sobriety tests?

Attorney-Reviewed Answer
Reviewed by Christopher Walsh, Criminal Trial Attorney (Fla. Bar #127459). Last reviewed: September 2026
Short Answer
Possibly — though in practice an officer who believes you performed well often lets you go, because performance bears directly on whether normal faculties were impaired.

Possibly. Performance on the exercises bears directly on the central question in a DUI case, which is whether your normal faculties were impaired. Where an officer concludes someone performed well, that frequently ends the encounter — because it undercuts what he'd have to establish.

But it's worth understanding how these are actually scored. There's no pass or fail. The officer counts clues — starting too soon, stepping off the line, raising arms for balance, an incorrect number of steps. On the walk-and-turn, two clues is the standard decision point.

So a person can feel they did fine and still be arrested, and the report will describe clues they didn't know were being counted.

That cuts both ways. Where the body cam shows someone performing well and the report describes significant impairment, the gap between them is among the more useful things available to the defense.

Get the video before anyone tells you what's on it. ---

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This page answers a common question for general informational purposes and is not legal advice, and no attorney-client relationship is formed by reading it. Florida law changes; while this answer is reviewed by a licensed Florida attorney, the right answer depends on the specific facts of your situation — consult an attorney. Serving Martin, St. Lucie, Palm Beach, Indian River, and Okeechobee Counties.