Challenging the Field Sobriety Tests
Police officers in every state use field sobriety tests as part of a DUI investigation. These tests are designed to help the officers determine whether or not you appear to be impaired. There are many field sobriety tests that can be used, however only three are standardized by the National Highway Traffic Safety Administration (NHTSA): One Leg Stand, Walk and Turn and the HGN (Horizontal Gaze Nystagmus). But even the standardized field sobriety tests have been found to be inaccurate by the NHTSA—in some cases as much as 20 to 30% inaccurate! These tests are used to test a person’s coordination, agility and divided attention (meaning they can follow instructions and perform them at the same time).
Before having you perform a field sobriety test, the officer must first make certain that you are a candidate for this. For instance if you are more than 50 pounds overweight, have a physical disability (such as walking with a cane) or are over 65 years of age, you should not perform a field sobriety test.
If the officer determines that you are a candidate for the FST, then he or she must first instruct you on how to take the test. The officer should show you and tell you how to successfully perform the test prior to you taking it. In addition, the officer must also ensure your safety. He or she should not have you take the test if weather conditions are poor (if it’s a blizzard, slippery because of ice or if it’s raining). He or she should supply you with enough light to see and make sure you are not on a hill or a curve, which can affect anyone’s coordination.
Unlike a breath test, it is not mandatory for you to take a field sobriety test. You can politely refuse to do so without punishment. More than likely, the officer will not inform you that it is not required because this makes it easier for the state to collect evidence against you should you ‘fail.’
With the right DUI defense attorney on your side, you can challenge the results of your field sobriety test(s).
