What You Should Know About Field Sobriety Tests
Posted on Mar 17, 2010 4:45pm PDT
When an officer suspects a motorist of
driving under the influence, he will likely ask the motorist to take several field sobriety tests. These tests might include following a small object’s line of motion (the horizontal gaze nystagmus test), walking in a straight line, or standing on one foot while counting out loud.
Field sobriety tests are administered to help police gauge a driver’s level of intoxication. These tests were designed to test a driver’s physical coordination, level of alertness, and ability to follow instructions. If a driver cannot successfully perform the tests, it is a sign he or she is too intoxicated to be driving.
Despite what you might hear about these tests being an effective way to gauge a driver’s level of sobriety, field sobriety tests are inherently very flawed, as there are a number of extenuating circumstances that could cause even a completely sober driver to fail. For example, if it is windy outside and the driver is a woman who is wearing heals, it will be difficult for her to pass the one legged stand or the walk-and-turn test without wobbling. There are so many factors than can affect how well a person does on these tests, everything from height, weight, type of footwear, natural lack of coordination, weather, a pre-existing injury or illness, etc.
In the event that you are pulled over on suspicion of DUI and an officer asks you to take a field sobriety test, it’s in your best interest to politely decline. Field sobriety tests are not mandatory, and taking a test will only give the officer more evidence to use against you. Once an officer has asked you to take a field sobriety test, there’s a good chance he’s already made the decision to arrest you, so there is no point in giving him more ammunition. These tests are not scientific, and whether or not you pass or fail is based entirely on the officer’s opinion.
If you were arrested and charged with
DUI or
DWI after taking a field sobriety test, it’s important to contact a
DUI defense lawyer right away. An attorney can provide you with the aggressive defense you need to contest the findings of your field sobriety test and increase your overall chances of overcoming your charges to win your case.
If you are searching for a lawyer in your area, click here to
find a DUI attorney near you!