Field Sobriety Tests
by
Jared Austin on Apr. 24, 2013
Criminal DUI-DWI Criminal Motor Vehicle Traffic
Summary: Overview of field sobriety tests or roadside sobriety tests as to what they are and why you should never agree to take one if suspected of a DUI.
Field Sobriety Tests (FST) are a
series of test established by the National Highway Traffic Safety
Administration (NHTSA) to help police officers determine when a driver is at or
above the legal limit of .08 blood alcohol content. They are not designed to
determine impairment of the driver.
Police officers nationwide administer these tests at the roadside,
usually around 2:30 a.m. to motorists suspected of drunk driving. They are not
without controversy however as many believe them to be unreliable and
unscientific. The three standardized FST they are often administered are the
Horizontal Gaze Nystagmus, Walk-and-Turn, and the One-legged Stand. There is
also a portable device called a Preliminary Breath Test which gives a precursory
reading of your blood alcohol content. I will discuss each of these in more
detail.
In 1991 Dr. Spurgeon Cole from
Clemson University conducted a study on the accuracy of field sobriety tests.
His staff videotaped 21 people performing FST and then showed the videos to 14
police officers and asked them which ones “had too much to drink and drive.”
The police officers concluded that 46% of the subjects were too drunk to drive.
Unknown to the officers, all of 21 subjects in the video had a BAC of .00. According
to studies conducted by the NHTSA, the Walk-and-turn only has an accuracy rate
of 68% while the One-legged stand is only 65% accurate. Keep in mind that these
statistics reflect when the tests are supposedly performed correctly. The
accuracy rates will be much lower when not administered correctly.
It is easy to see why you should
never attempt any FST. They are often not administered properly and even when
they are, you will almost assuredly fail at least one of them which is enough
to land you in handcuffs and an escort to the police station. They are designed
for failure so do not attempt them. Ever.
Non-Standardized Field
Sobriety Tests
Watch out for when the police try
to have you perform FST that are not standardized, or scientifically validated,
by the NHTSA. These can include having you recite the alphabet, sometime
backwards (yes, they actually do that), or reciting the days of the weeks or
months of the year in some mixed up order, touching your nose with your finger.
These tests are not standardized nor are the officers trained to administer
them, so under no circumstances should you ever attempt any of these tests. For
that matter the police shouldn't even be asking people to do them, but they do.
FAQs About Field Sobriety
Tests (FST)
Can I Refuse to Take a Field
Sobriety Test?
Yes and you should. This refusal
has no penalty and cannot be used against you. Virtually no good can come from
taking the FST as undoubtedly you will fail one or all of them. By taking them
you are only arming the government with more evidence against you so you should
always politely decline. Refusing the roadside Preliminary Breath Test (PBT) is
a no-point civil infraction with a fine running between $100-200. Do not
confuse this with the DataMaster breathalyzer at the police station. Refusing
any chemical tests at the police station has serious penalties and
consequences.
If I Pass All the FST, Can
They Still Arrest Me?
Yes, if the are other factors
that the officer can articulate that suggest intoxication. These can include: a
strong odor of intoxicants, bloodshot eyes, slurred speech, disoriented as to
time and place, lack of coordination, weaving while driving, being slow to
respond to questions or requests, fumbling for your driver's license or registration,
admitting to drinking alcohol. This is another good reason why to refuse to
take the FST because even if you pass (which is rare) it still doesn't mean
you're home free. Keep in mind that you only have to fail one FST to establish
probable cause for the police to arrest you.
Can Refusing a FST or a PBT be
Used Against Me in Court?
No. At least, not usually.
Refusing to perform a FST will almost never be used at trial, especially as
evidence of your guilt. The PBT refusal is usually not allowed to be brought
into evidence at trial, but it can if the defense raises the defense of a
rising blood alcohol content (the BAC was higher at the police station than the
roadside, thus meaning that maybe your BAC was below the legal limit at the
time of driving) or if the defense contends they were never offered a PBT.
Other than that, your refusal has no penalties and cannot be used against you.
