If you’re pulled over under suspicion of drinking and driving, the police officer may request that you take a field sobriety test. Basically, this test is a way to evaluate your coordination, dexterity, and ability to focus so that an officer can make a determination about whether you’re too intoxicated or impaired to drive.
Typically, you will be presented with the option of taking a field sobriety test by a law enforcement officer. You’ll have a legal right to refuse this test, but there may be consequences for doing so. Also, you’ll likely feel like you’re under pressure, and you may not know whether taking the field sobriety test is the right move.
So should you end up taking one?
What Is a Field Sobriety Test?
Field sobriety tests are a series of actions that an officer will request you to perform, designed to help the officer determine whether you’re too impaired to drive. Standardized field sobriety tests ask that participants follow an object with the eyes, so the officer can notice any involuntary jerking or other signs of impairment. They also include a simple walk and turn test, in which you’ll walk in a straight line, heel to toe, turn, and walk back in the same way. After that, you may be asked to stand on one leg and count out loud, while maintaining balance.
These routine, fairly simple actions can reveal your impairment and provide the officer with evidence that can be used against you in a DUI conviction, or the conviction of a similar crime.
The Correct Answer: Talk to a Lawyer
Should you consider taking a field sobriety test if an officer requests it of you? The short answer is that you should talk to a lawyer first. The reality is, this is a complicated legal question, and it’s not always clear what the right answer is, nor is there any universal piece of advice that we can offer. A qualified attorney can help you understand the law in your area, your specific situation, and the possible benefits and consequences of refusing or taking the test.
Unfortunately, you may not be in a position to call a lawyer and have a conversation with them after you’ve been pulled over. That’s why it’s a good idea to talk to a lawyer ahead of time, or at least understand the laws in your area so you can be armed with more information to make this decision effectively.
Jurisdiction Differences
Although there are some standard practices when it comes to field sobriety testing, there are significant differences between jurisdictions for how field sobriety tests are handled. They may or may not be optional, they may or may not be valuable pieces of evidence, and the consequences for refusing the field sobriety test may vary from area to area.
The Difficult Position You’re In
In most jurisdictions, you’ll be in a difficult position if a police officer asks you to take a field sobriety test. That’s because if they’re asking you to take one, they already suspect you of driving while impaired. If you refuse the test, they may still be able to arrest you, and they may be able to use your refusal of the test as a piece of evidence against you. If you take the test, you may not be able to pass it, even if you’re perfectly sober. If you have any difficulties with coordination, balance, dexterity, or moving your eyes smoothly, it’s possible to fail a field sobriety test under any condition.
Possible DUI Defenses
Fortunately, regardless of whether you choose to take a field sobriety test or not, there are some potential defenses you can raise to fight a DUI charge.
- Lack of reasonable suspicion. If an officer pulled you over with no reasonable suspicion, everything resulting from that traffic stop could be thrown out.
- Improper arrest procedures. The same is true if you were arrested improperly.
- Challenging the evidence. You can challenge the evidence against you, including results from the field sobriety test and other intoxication tests.
- Rights violations. You have rights, even if you’re under arrest. If those rights are violated, the charges against you could be dropped.
- Involuntary intoxication. In rare cases, you may be able to argue that you were intoxicated involuntarily.
- Medical conditions. And if you fail a field sobriety test because of a medical condition, that can serve as a meaningful defense.
Unfortunately, by the time a law enforcement officer requests you to take a field sobriety test, you’ll already be in a difficult position with no easy way forward. Both accepting and refusing the test can work against you, depending on your jurisdiction and exact situation.
Accordingly, if you ever find yourself under suspicion of impaired driving, you should talk to a lawyer as soon as possible.
