What happens if you find yourself in the unfortunate situation of being pulled over by a police officer that suspects you are driving under the influence of alcohol or drugs? If the officer asks you to submit to a series of field sobriety tests, how should you respond? Without taking into account whether you’ve actually been drinking or are stone cold sober, the answer to the question, “should you take the DUI field sobriety test?” is an absolutely, positively, resounding NO! Here’s why:
#1: Field Sobriety Tests are Scientifically Proven to be Inaccurate.
What Is a Field Sobriety Test (FST)?
A field sobriety test is a balance, coordination and cognitive acuity exam administered by a law enforcement officer along the side of the road to a person suspected of driving under the influence. If the officer subjectively determines that you’ve failed the battery of tests, you’ll be arrested and asked to submit to a blood, urine or breathalyzer analysis at the police station.
Although the National Highway Traffic and Safety Administration (NHTSA) has attempted to standardize field sobriety tests, by their very nature they cannot be relied upon to be fair, objective or accurate. In fact, statistics indicate that each year hundreds of citizens find themselves falsely arrested and convicted as a result of erroneous FSTs. Despite these findings, incredibly many law enforcement jurisdictions continue to administer FSTs as a means of helping officers determine whom they should take into custody. The best advice we can give you should you find yourself in this situation is to know your rights and remember that you are under no legal obligation to submit to the tests and, in addition, there can be no legal consequence for declining. Err on the side of caution and respectively say, “thanks, but no thanks.”
#2: It’s Highly Unlikely You Will Pass A Field Sobriety Test
Let’s say, theoretically, that you skip reading the above paragraph and agree to the police officer’s request to perform the FST. First, keep in mind that the officer who stopped you has most likely witnessed behavior that he or she thinks indicates intoxication and so they’ve already decided to arrest you – the field sobriety test just gives the officer probable cause and additional evidence against you in court. Second, most pull-overs happen late at night. You’ll be asked to perform physical balance and coordination tasks in the dark, along the side of a road with uneven asphalt or gravel, cars whizzing by you at high-speed while headlights blind you in the cold, wind and rain. Get the picture? Not exactly the optimum conditions for walking toe-to-toe on an arbitrary straight line while reciting the alphabet backwards. Nicely, but firmly decline, decline, decline.
What Happens If You Take The Test and Fail?
Unfortunately, many people don’t understand their rights and mistakenly agree to the FST. If this should happen to you, all is not lost. Consult with a competent and experienced DUI attorney who can challenge the unreliable and inaccurate tests in court and succeed in having your arrest and conviction overturned. Don’t be under the incorrect assumption that if you failed the FST it proves you were over the legal limit. In actuality, what a failed field sobriety test proves is your complete inability to successfully touch your nose with your finger while your eyes are closed standing on one foot! Period.
