Field Sobriety Tests

Field Sobriety Tests: What You Need to Know

Field sobriety tests are a common part of many DUI investigations. If you’re pulled over on suspicion of drunk driving, the officer will likely ask you to perform some tests before deciding whether to arrest you or not. These tests are meant to gauge impairment levels and provide evidence of intoxication.

However, field sobriety tests are not always reliable. Many factors can affect performance, leading to false positives. An experienced DUI lawyer can often get field sobriety test evidence thrown out or discredited in court. Let’s take a closer look at how these tests work and how lawyers challenge them.

Overview of Field Sobriety Testing

There are two main types of field sobriety tests – standardized and non-standardized.

Standardized field sobriety tests (SFSTs) are validated by research and have strict administration procedures. The National Highway Traffic Safety Administration (NHTSA) has approved only three SFSTs:

• Horizontal Gaze Nystagmus Test – checks for an involuntary jerking of the eyes as they follow a moving object. This jerking is exacerbated by alcohol impairment.
• Walk-and-Turn Test – requires walking heel-to-toe along a straight line for nine steps, pivoting, and walking back. Officers look for signs of imbalance, missteps, and difficulty following instructions.
• One-Leg Stand Test – involves standing on one leg while counting out loud for 30 seconds. Swaying, using arms to balance, hopping, and putting the foot down can indicate impairment.

Non-standardized field sobriety tests have no standardized administration or grading criteria. Examples include reciting the alphabet, counting backwards, finger dexterity tests, and balance tests like standing on one foot. Since they are subjective, they are easier to contest in court.

Field Sobriety Tests vs. Chemical Testing

Chemical testing of blood, breath, or urine samples is generally considered more accurate evidence of intoxication than field sobriety tests. However, you also have the right to refuse chemical testing in some states.

The consequences vary, but can include fines, license suspension, or the test refusal being used against you in court. Still, refusing may be the better legal strategy depending on the specifics of your case.

An attorney can help you decide whether to consent to field sobriety and chemical testing during a DUI investigation. Both types of evidence are challengeable in court.