Problems in Field Sobriety Tests
Field Sobriety Tests are actually certain physical exercises which a person is required to do if stopped as a suspect for DUI or drunk driving. These exercises are subject to nature and vary to test a persons reaction time, attentiveness and response time. Some of the most common field sobriety tests include Nystagmus, Walk and Turn test, Standing on one leg, Finger to nose test, The Rhomberg Balance Test along with a few others including finger tapping, hand clapping, counting backwards and reciting the alphabet. These tests can be quite tricky for most people, and can even make a non-drunk person fail them, if the person does not pays attention while carrying them out, or if proper instructions are not given to the subject. The tests are explained briefly below:
Nystagmus – This test checks the eye movement of the driver, and to see if there is any involuntary jerking or trembling of the eye ball while the driver concentrates on an object, usually a pen in most cases. The officer holds the pen 12 inches away from the driver’s face and moves it around from side to side, observing any trembling or jerking of the eyeball as a result of intoxication.
Walk and Turn test – For this test, the driver is required to take nine steps along a straight line from heel to toes, turning around after the nine steps and walking back on the same lines. This test checks the subjects balance and also observes if the subject can follow instructions properly.
Standing on one leg – As the name implies, the subject is required to stand straight with heels together and arms by the side and then asked to raise one leg six inches off the ground. At the same time, the subject is required to count out loud until the officer allows the driver to stop. This test checks for body tremors, muscle tension, swaying and hopping etc. The police also take note of any statements made by the subject during the test and can use it against the subject in court.
Finger to nose test – For this test, the suspect is asked to stand straight with eyes closed and required to bring his/her index finger to the nose. If the body or eyelids tremor or show muscle tension, it can be likely that the person is drunk.
The Rhomberg Balance Test – This is another difficult test which requires the subject to stand straight with their eyes closed and their head tilted back, counting for an estimated 30 seconds. The officer observes any swaying, muscle tension or if the subject opens eyes to maintain balance.
When can you be stopped for a Field Sobriety Test?
Drunk drivers show certain warning signs which give police officers an idea that the person should be stopped immediately and investigated for DUI. If you drive swerving in your lane, or change lanes suddenly, chances are you might be driving recklessly while drunk. If you fail to use the proper signals while taking a turn or are violating any traffic signals etc, you will be asked to pull over by the police officer. Speeding, aggressive behavior and unusual activity in the vehicle are also signs of drunk driving, which can get you in trouble.
What do Field Sobriety Tests check?
When an officer stops you as a suspect of drunk driving, he will ask you for a breath test, which requires you to breathe into a breathalyzer. He may also ask you to take field sobriety tests to check your responsiveness, cognitive skills, motor skills and balance. However, most people do not realize that they can politely refuse to take these tests as they are optional. Those who agree to give the test often give the police officer a chance to make an arrest for DUI/DWI as most of the tests are difficult to perform and pass.
Issues with Field Sobriety Tests
People who have had the unfortunate incident of being charged with DUI argue that the tests are unfair and are designed to make people fail. Other factors can also impair a persons capability to pass the test, such as weak eyesight, mental or physical disability etc. Similarly, someone with a leg problem may also find it difficult to walk straight or balance on one leg to be able to pass the test. Due to this reason, people argue that these tests are a poor calculator of a person’s alcohol consumption. These tests are also subjective, and depend highly on the police officer’s choice as to what should be considered a pass or failure. Similarly, if the correct instructions are not given to the driver to carry out the tests, the driver may not be able to get them right, and end up failing them.
Dealing with a DUI charge
When you fail the field sobriety tests, you will be charged with drunk driving and your case will be dealt in court. You will also be arrested at the spot and your driver’s license may get suspended. In such a case, you will need a DUI lawyer to represent you and defend your case. So act quickly and hire a DUI attorney in the area you have been charged with.
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