If you were pulled over for a suspected DUI, the police officer may ask you to perform a series of tests to determine whether or not you are intoxicated. If you are asked to take a field sobriety test you can either agree or refuse. Speak with a Tehama County challenging DUI evidence lawyer to learn more about how field sobriety tests can be used against you during your case.
What is a Field Sobriety Test?
Field sobriety tests are both mental and physical tests that police officers may ask you to perform during a traffic stop. If you are pulled over and the officer suspects that you are intoxicated by drugs or alcohol they can request that you complete a set of tests proving your coordination, reaction time, and mental capacity.
The following are the standard field sobriety tests that law enforcement will request.
- Horizontal gaze nystagmus: The police officer will ask you to follow an object with your eyes. They may use a pen or flashlight and move it from side to side. They are looking to see if your eyes follow the object smoothly or if they involuntarily jerk.
- One-leg stand: You will be requested to stand on one leg while counting out loud for a designated amount of time. The officer will examine whether or not you sway, put your foot down, hop around to maintain balance, etc.
- Walk and turn: The officer will instruct you to take nine heel-to-toe steps before turning on one foot and doing the same thing in the other direction. This test checks your coordination and listening abilities. The officer will evaluate whether or not you listened to instructions, swayed, started before you were told to, lost your balance, etc.
While there are other tests that an officer may ask you to perform, these are the standard ones sanctioned by the National Highway Traffic Safety Administration (NHTSA).
Are Field Sobriety Tests Accurate?
Field sobriety tests are used widely and admissible as evidence in a trial, but they are subjective and often inaccurate. Whether sober or drunk, these tests can be difficult for any person to successfully complete. There is limited research that suggests these tests accurately measure intoxication.
What Should I Do When Asked?
You do not legally have to submit to field sobriety testing. Depending on the situation you may determine that it is better to refuse than agree when asked if you will perform the tests.
You may agree to the tests if you feel like you have the ability to pass them. However, even if you succeed in all tasks required, the officer can still arrest you for further testing.
If you refuse, the officer will decide whether or not to arrest you and perform chemical testing or to let you go free if they feel like you are not truly impaired.
Whether you submit or refuse, you may end up being taken to the station anyway. Despite their accuracy issues, field sobriety tests can be used as evidence in a DUI trial so in many cases it is better to exercise your right to refuse.
