Just because somebody fails the field sobriety test does not mean the person is guilty. Field sobriety tests are very difficult to pass even if a person has not been drinking, even if the person is doing it on a flat surface, inside a controlled environment. Usually field sobriety tests are given outside, on the road, on an unlevel surface, with police lights in the person’s eyes. Sometimes the temperature is very cold, and the police officer expects the person to walk a straight line, nine steps down, nine steps back, or hold your foot in the air for 30 seconds, which is very difficult to do, and prosecutors and judges know that. So just because the officer says a person has failed the field sobriety test, especially if there is no evidence of video, then that will be looked upon not very highly with the prosecutor or a judge in a DUI case.