Failed Sobriety Test

When a law enforcement officer suspects that an individual is intoxicated, he or she may ask the person to perform a series of voluntary tests. These tests, commonly referred to as field sobriety tests, include exercises that test your balance (standing on one leg, bending over), coordination (touching your finger to your nose while your head is tilted back, walking a straight line) and coherency (counting backwards, reciting the alphabet).

Some common sobriety tests include:

• balance on one foot at a time
• count backwards
• recite the alphabet
  
• touch your nose
• touch each finger to your thumb
• walk a straight line
  

In addition to roadside exercises, a law enforcement officer may require that an individual take a Breathalyzer Test to check the Blood Alcohol Content of a person’s breath sample if he or she is displaying symptoms of intoxication during the first couple of activities, thereby failing the exercises. Before agreeing to take any field sobriety tests, you should inform the officer of any medical conditions that may affect your performance and alter the outcome.

Field sobriety tests concern the fine motor skills of an individual and should not be confused with the breathalyzer test, which is a chemical test. Although field sobriety tests are voluntary, you should keep in mind that refusal to cooperate may result in an automatic arrest. Each State has different laws regarding how much weight a roadside test will hold in a DUI / DWI arrest.

According to research study published in 2007 by the National Highway Traffic Safety Administration (NHTSA) for the U.S. Department of Transportation (DOT), if a police officer develops articulatable suspicion of drunk driving he/she may pursue an investigation.  The police officer may request the driver to step out of his/her vehicle and perform a series of field sobriety tests.  The test the NHTSA recommends is the Standardized Field Sobriety Test (SFST) developed by the NHTSA and the International Association of Chiefs of Police (IACP).  This test consists of the Walk-and-Turn test, One-Leg-Stand test, and Horizontal Gaze Nystagmus test.  The combined score of these tests will indicate to the officer if the driver is likely to be at or above the legal BAC limit of .08 grams per deciliter of blood.

Have you or someone you know been charged because of a failed sobriety test? If so, contact one of our experienced drunk driving attorneys in your area today!