If the police suspect that you have been driving while intoxicated, they will ask you to submit to three field sobriety tests. If you fail any one of the three standard field sobriety tests, the police will likely ask you to submit to a breathalyzer test. You can refuse to take these tests but your refusal can be used in court if you are charged with a DUI (driving under the influence charge). The police may also seek to suspend your driving license because you failed to take the field sobriety tests and/or a breathalyzer test.
You may have defenses. Our respected criminal defense lawyer is a seasoned DUI lawyer. The police can only stop you and ask you to take field sobriety tests if they have reasonable grounds to believe you were driving while intoxicated.
The police do need to explain what the field sobriety tests are and how to perform them. The police may use a video to show how they explained these tests and how you performed the tests. If the police fail to follow proper procedures, we will seek to suppress the results of your field sobriety tests. Otherwise, field sobriety tests are generally admissible in court to show a driver was impaired at the time the tests were given.
According to Very Well Mind, a medical publication, field sobriety tests examine your coordination, balance, and ability to pay attention to more than one thing at a time. Some of the signs that a driver may fail a field sobriety test include confusion, difficulty walking, being talkative, being euphoric, uninhibitedness, difficulty speaking, and vomiting.
There are three standard field sobriety tests. Other field sobriety tests are generally not admissible in court. These standard field sobriety tests include the following:
The horizontal gaze nystagmus test
The police officer will ask the driver they stopped to follow a pen, flashlight, or another object as the officer moves the object from side to side. The police are looking to see if the driver’s eyeball involuntarily “jerks.” According to Very Well Mind, every person’s eyeballs jerk. The jerking movement is called a “horizontal gaze nystagmus.” When a driver is intoxicated, the jerking movement “becomes more pronounced and occurs at lesser angles.”
As the officer moves the pen or other object, the officer is looking to see if:
- The jerking movement is “distinct when the eye is at maximum deviation.”
- If the “angle of jerking onset is within 45 degrees.”
- The driver’s eye can’t smoothly follow the object.
The driver is likely to have a blood alcohol content (BAC) of .10 if the test reveals four or more clues/instances. This test, according to the National Highway Traffic Safety Administration is 77% reliable. In Maryland, you can be convicted of DUI if your BAC is .08 or higher.
The walk-and-turn test
For this test, the police officer asks the driver to walk nine steps (heel-to-toe) along a straight line, turn on one foot, and then walk the nine steps in return to the starting point. During this test, the officer is examining the following seven signs of impairment:
- The driver starts the walk-and-turn test before the instructions are completed
- The driver can’t keep their balance while listening to the instructions
- The driver can’t walk heel-to-toe
- The driver loses their balance when they turn
- The driver stops while walking so they can regain their balance
- The driver doesn’t walk the nine steps each way
- The driver uses their arms to keep their balance
This test, according to the National Highway Traffic Safety Administration is 68% reliable for showing the driver has a BAC of .10 or higher.
The one-leg stand test
The police officer will ask the driver to stand with one foot about six inches off the ground. The driver will count from 1,000 until the officer says the driver can put their foot down. The test lasts for 30 seconds. During this time the officer is looking to see if the driver:
- Puts their foot down
- Hops to keep their balance
- Sways while their foot is in the arm
- Uses their arms to keep their balance
This test, according to the NHTSA, has a 65% reliability factor for showing a driver’s BAC is .10 or higher.
Can sober drivers fail a field sobriety test?
Very Well Mind states that sober drivers can fail any one of the three field sobriety tests. If you fail any of your field sobriety tests, our DUI lawyer will assert these reasons (the ones that apply) on your behalf. Some of the reasons you may fail a field sobriety test if you are not intoxicated include being older, having an injury such as a foot or leg injury, a disability, or because you take certain medications.
Most, but not all, officers ask the driver if there is any reason the driver may fail the test and note the response in their arrest report. If you know of a reason you may fail a field sobriety test, the officer should be informed.
Generally, field sobriety tests are only used to determine whether a driver has been drinking alcohol and whether they were impaired while they were driving. Field sobriety tests are generally not considered reliable evidence that a driver was using marijuana or any other drug.
A conviction for a DUI has serious consequences. You may be imprisoned even for a first offense. You’ll have to pay a fine. Your license will likely be suspended. Points will be assessed against your driving record. You will likely have to pay more for liability insurance if and when your license is renewed.
At Drew Cochran, Attorney at Law, we’ve been fighting for criminal defendants, including DUI defendants, for more than 20 years. You may have defenses. We may be able to negotiate a plea bargain for you. We may be able to help you obtain a restricted driver’s license or contact an affordable ignition interlock device provider. If failed field sobriety tests led to a DUI arrest, call me now or complete my contact form to schedule a consultation.
And remember: Keep Calm – and Call Drew.
