Field Sobriety Tests

 

Getting pulled over by a police officer is not a pleasant experience in general, and if you have been drinking, even a little, it can be one of the scariest events in your life.  What are your rights if you have been pulled over for suspicion of driving drunk?  Do you have to submit to chemical and field sobriety tests?  The answer might surprise you.  Although by operating a motor vehicle with a license, you give implied consent to a breathalyzer, you are within your rights to politely decline field sobriety tests, and without an impact on any charges brought against you.

 

San Diego DUI attorney Ian Pancer can help you understand your rights and options if you have been charged with drunk driving.  Field sobriety tests, if you do choose to take them are up to the opinion of the arresting officer whether or not you pass or fail.  This can be an important part of your defense, should your case ever go to court.


Validated Field Sobriety Tests


There are only three field sobriety tests that have been validated by the National Highway Traffic Safety Administration (NHTSA), but even these three have surrounding controversy.

 

  • Nystagmus (Horizontal and Vertical Gaze): During this test, which is an actual test given by ophthalmologists during an eye exam, the officer will hold an object, such as a pen, 12 inches in front of the accused face and move it from side to side while watching his or her eyes follow the pen.  The officer is looking for involuntary jerking or trembling, which may be a sign the accused is intoxicated.  Experienced DUI defense attorneys also know that Nystagmus is found in a large percentage of the population and can be related to other medical and physiological disorders.  It has also been estimated that only 77% of the time do the officers correctly perform this “exam.”
  • Walk and Turn: In this exercise, the accused is asked to take nine steps, heel-to-toe alone a line, turn, and take nine steps back.  The eight signs that the officer looks for are inability to balance during instructions, starting the test too soon, stopping while walking, inability to touch heel to toe, stepping off of the line, using his or her arms to balance, loss of balance during the turn or inability to turn correctly, and/or taking the wrong number of steps.  If the subject displays two or more of these signs, he or she will likely be arrested for drunk driving.  A competent defense attorney like Ian Pancer knows that there are many other reasons such as illness or injury, non-alcohol related that can cause a person to fail the walk and turn test.
  • One Leg Stand:  The officer will ask the accused to stand with feet together, arms down, then raise one foot off the ground, horizontal with the ground, and count out 30 seconds.  There are many reasons why a totally sober person could not accomplish this task, including, but not limited to, uneven ground, unstable shoes, inner ear problems, overweight, or general balance problems. 

 

Other Field Sobriety Tests


Rhomberg Balance Test, or Modified Position of Attention:  In this test, a person will stand at attention, close his or her eyes, tilt the head back and estimates 30 seconds.  The officer is looking for the inability to stand still, swaying, body or eyelid tremors,  and opening eyes to maintain balance.  He or she will also note whether the accused can accurately estimate 30 seconds.  A person’s internal clock tends to slow with alcohol or speed up with stimulants.


Finger to Nose: This test requires the suspect to place his or her feet together while standing straight with eyes closed, and bring the index finger to the nose as ordered by the officer.  Very similar to the Rhomberg Balance Test, the officer is looking for body sway, body tremors, eyelid tremors, muscle tension, or any statements made by the accused to support a finding of intoxication.
Finger tapping, hand clapping, counting backward or reciting the alphabet are also non-standard ways an officer may request a person prove his or her sobriety.


Conclusion


A field sobriety test may be requested by an officer, but it is not mandatory.  If you have been pulled over for suspicion of driving drunk and do not wish to perform the field sobriety tests, it is your right to politely decline.  Contact drunk driving defense lawyer Ian Pancer in San Diego to help you understand your options and how to build the best defense for your case.