You are likely familiar with the following scenario: the police pull a vehicle over, ask the driver to get out and perform a series of tests, such as walking a straight line. If it’s a comedy movie, the main character breaks out into a cha-cha and everyone laughs.
These tests are known as field sobriety tests, and they are no laughing matter. The police officer believes you may be intoxicated and is using these tests to confirm their suspicion. But are they a reliable indicator of intoxication? Furthermore, do you have the right to refuse?
Three standardized tests
The National Highway Traffic Safety Administration (NHTSA) developed a set of physical and mental exercises designed to gauge a driver’s level of impairment:
- Horizontal gaze nystagmus (HGN): The officer will pull out a small object, such as a flashlight or pen, and ask you to follow its movement with your eyes. At the same time, they look for involuntary jerking movements of your eyes as they move side to side.
- Walk-and-turn: You will be instructed to take nine heel-to-toe steps along a straight line, turn and take nine heel-to-toe steps back. Impairment may be indicated by losing your balance, starting before the instructions are finished, using your arms for balance or losing count of your steps.
- One-leg stand: Just like it sounds, you must stand on one foot with the other foot off the ground and count aloud for about 30 seconds. The officer will look to see if you are swaying, using your arms for balance, hopping or putting your foot down before the test is complete.
While field sobriety tests may seem straightforward, there are several issues with them. These tests are subjective, and there are several reasons why you may fail one that is entirely unrelated to alcohol, such as:
- Fatigue
- Nervousness
- Physical injuries
- Medical conditions
- Surface conditions of the road
Fortunately, you have the right to refuse a field sobriety test. The test is voluntary, and the officer should inform you, though they may not always be clear. However, even though there are no legal penalties for refusing the test, the prosecutor may bring up your refusal in court and attribute it to guilt or that you were trying to hide something.
A strong defense can counter that assumption by laying out all the reasons why you were right in your refusal. The best course of action with a DUI charge is always to speak with a legal professional who can analyze the specifics of your case and ensure your rights are upheld.
