What to Expect with Field Sobriety Tests

August 29, 2012 (Press-News.org) Commercials for drunk driving enforcement are peppering the airways as Labor Day approaches. Indeed, law enforcement agencies will be actively looking for signs of drunk driving, but they primarily rely upon field sobriety tests to justify their suspicions that a driver may be driving under the influence. In 1977, the National Highway Safety Transportation Association (NHTSA) established a set of tests that police officers could use to justify an arrest. They include the walk-and-turn, the one legged stand, and the horizontal gaze nystagmus test.

Walk and Turn Test

With the walk-and-turn test, the officer instructs the driver on how to walk in a straight line in completing the test. The driver will then take nine heel-to-toe steps on a straight line, pivot around, and take nine heel-to-toe steps back towards the officer. The officer is looking for balance issues that would suggest that the driver is intoxicated.

One Legged Stand

With this test, the driver stands with his (or her) arms at their side and raises and holds one leg at least six inches off the ground for 30 seconds. Again, the officer is looking for clues suggesting that the driver is intoxicated. According to NHTSA research, people with a BAC between .10 and .15 may not hold the position for the full 30 seconds.

Horizontal Gaze Nystagmus Test

The officer observes the driver's eyes as he or she focuses on an object (e.g. a pen, light or the officer's finger) and watches it go from side to side. The officer is looking for involuntary eye movements (eye jerking) that suggest that the driver is intoxicated. Research suggests that such movement in the eyes occur very frequently when looking from side to side if a person's BAC is .10 or above.

Testing Flaws

While the tests can reveal several clues, there are inherent flaws that canincorrectly suggest that a driver is intoxicated. For example, a driver may never have walked heel-to-toe as required in the walk and turn, and their fear of being taken to jail may affect how they perform the test. An obese driver may have balance issues and would fail the one legged stand. Also, a driver's eyes may jerk simply because it is difficult to follow a flashlight on a dark night.

Despite these issues, the NHSTA endorses the tests, even though they are not always reliable or properly given.

Ultimately, you have the right to politely decline a field sobriety test if an officer asks you to step out your vehicle. After all, officers must have reasonable observations of the vehicle and of the driver before requiring him or her to perform a sobriety test. Nevertheless, if you are asked to exit the vehicle, chances are that you are going to jail anyway, so it does not suit your interests go give police more reason to arrest you.

Keep in mind that declining a field sobriety test is much different from refusing a chemical test (such as a blood, breath or urine test). Refusing a chemical test has serious administrative consequences.

If you have been arrested for DWI, an experienced criminal defense attorney can advise you of your rights and options.

Article provided by Miller & Pugh Law Offices, P.C.
Visit us at www.millerandpughlaw.com