This article will detail how field sobriety tests may affect your
case and whether you should refuse the tests entirely. It is likely that
if you were ever to be stopped by a police officer on the belief you
were driving while under the influence you would be asked to perform
several field sobriety tests. You should be aware that Texas law does
not require you to take the field sobriety tests and, in some ways, it
could be better for your case if you refuse.
By refusing to take the field sobriety tests and requesting that you be allowed to speak to an attorney, there may be little evidence against you, resulting in a dismissal of charges. Most police officers will not tell you that the tests are voluntary nor will they tell you the tests are designed with a single goal of giving the officer probably cause for an arrest. Your refusal of field sobriety tests does not imply guilt in any way although it may result in an automatic six month license suspension. In truth, the officer has likely already decided to arrest you for suspicion of DWI, so it is much more advantageous for you to simply refuse all tests and ask for a DWI attorney.
What Tests are Commonly Used? Although some police officers will ask the person to say the alphabet backwards, tip their head backwards or place their finger to their nose multiple times the universally accepted field sobriety tests consist of the One Leg Stand, the Walk and Turn and the Horizontal Gaze Nystagmus. When the officer asks the person to perform the One Leg Stand they will first be asked to listen to the instructions for the test while standing still, feet together, arms by their sides. They must then follow the instructions precisely as given by lifting one of their legs off the ground several inches, keeping the leg level. While looking at their leg they are required to count from one to thirty, slowly. Many people are unable to stand on one leg for that length of time under any circumstances, however if the person wobbles, outstretches their arms for balance, hops on the foot on the ground or puts the outstretched foot down they will “fail” the test.
The Walk and Turn also has two parts: the instructions and the walking parts. The person is instructed to put the toes of one foot behind the heel of the other, standing in this manner while the officer instructs them on the test. They will then take nine steps forward in the heel-to-toe position while counting out loud, then must turn at the end of the nine steps and perform the test in reverse. Try these two tests at home sometime when you are absolutely sober and you can see how both the Walk and Turn and the One Leg Stand can be extremely difficult under the most ideal of circumstances. Assuming the subject has probably had at least one drink and that it is likely dark outside, they are nervous and scared, the side of the road is uneven and rocky, there could be inclement weather and women could be wearing heels you will see that it is practically impossible to pass either of these tests with flying colors.
Additionally the “scoring” of these tests as well as nystagmus test is absolutely subjective and based largely on the mood of the officer at the time of the traffic stop. The Horizontal Gaze Nystagmus test is performed by the officer using his fingertip or a penlight and asking the subject to tract the movement with the eyes only. The theory is that an individual who is driving drunk will move their eyes very slowly or the eyes will jerk noticeably. The main problem with this test is that very few police officers are sufficiently trained to administer the test and accurately gauge the results.
Factors Which Can Skewer the Results of a Field Sobriety Test In many cases a person who truly is not unduly impaired may find themselves being arrested based solely on their negative performance on one or more of the field sobriety tests. Age and weight both play a part in whether a person will be able to successfully complete the tests. Any pre-existing medical conditions, particularly an inner ear disturbance can lead to poor results as can exhaustion, a bad cold or flu, impractical shoes for a side of the road walk, poor road or weather conditions, a previous head injury, or a physical or mental disability. A large number of the population is unable to stand on one foot for thirty seconds or execute a military quality heel-to-toe walk and turn under any circumstances.
Why Hiring an Experienced DWI Attorney Immediately is Crucial Retaining a knowledgeable DWI attorney as soon as possible after you’ve been stopped for suspicion of DWI is critical to the eventual outcome of your case. Your attorney will be able to challenge the field sobriety test results if you allowed the tests based on any number of extenuating circumstances. Agreeing to engage in field sobriety tests is rarely of any benefit to a person suspected of drunk driving and will only strengthen the state’s case against you. The NHSTA believes field sobriety tests are only 65-77% accurate when they are administered according to stated guidelines. Since the tests are probably never administered exactly according to those guidelines you can see there is a very wide margin of error involved.
By refusing to take the field sobriety tests and requesting that you be allowed to speak to an attorney, there may be little evidence against you, resulting in a dismissal of charges. Most police officers will not tell you that the tests are voluntary nor will they tell you the tests are designed with a single goal of giving the officer probably cause for an arrest. Your refusal of field sobriety tests does not imply guilt in any way although it may result in an automatic six month license suspension. In truth, the officer has likely already decided to arrest you for suspicion of DWI, so it is much more advantageous for you to simply refuse all tests and ask for a DWI attorney.
What Tests are Commonly Used? Although some police officers will ask the person to say the alphabet backwards, tip their head backwards or place their finger to their nose multiple times the universally accepted field sobriety tests consist of the One Leg Stand, the Walk and Turn and the Horizontal Gaze Nystagmus. When the officer asks the person to perform the One Leg Stand they will first be asked to listen to the instructions for the test while standing still, feet together, arms by their sides. They must then follow the instructions precisely as given by lifting one of their legs off the ground several inches, keeping the leg level. While looking at their leg they are required to count from one to thirty, slowly. Many people are unable to stand on one leg for that length of time under any circumstances, however if the person wobbles, outstretches their arms for balance, hops on the foot on the ground or puts the outstretched foot down they will “fail” the test.
The Walk and Turn also has two parts: the instructions and the walking parts. The person is instructed to put the toes of one foot behind the heel of the other, standing in this manner while the officer instructs them on the test. They will then take nine steps forward in the heel-to-toe position while counting out loud, then must turn at the end of the nine steps and perform the test in reverse. Try these two tests at home sometime when you are absolutely sober and you can see how both the Walk and Turn and the One Leg Stand can be extremely difficult under the most ideal of circumstances. Assuming the subject has probably had at least one drink and that it is likely dark outside, they are nervous and scared, the side of the road is uneven and rocky, there could be inclement weather and women could be wearing heels you will see that it is practically impossible to pass either of these tests with flying colors.
Additionally the “scoring” of these tests as well as nystagmus test is absolutely subjective and based largely on the mood of the officer at the time of the traffic stop. The Horizontal Gaze Nystagmus test is performed by the officer using his fingertip or a penlight and asking the subject to tract the movement with the eyes only. The theory is that an individual who is driving drunk will move their eyes very slowly or the eyes will jerk noticeably. The main problem with this test is that very few police officers are sufficiently trained to administer the test and accurately gauge the results.
Factors Which Can Skewer the Results of a Field Sobriety Test In many cases a person who truly is not unduly impaired may find themselves being arrested based solely on their negative performance on one or more of the field sobriety tests. Age and weight both play a part in whether a person will be able to successfully complete the tests. Any pre-existing medical conditions, particularly an inner ear disturbance can lead to poor results as can exhaustion, a bad cold or flu, impractical shoes for a side of the road walk, poor road or weather conditions, a previous head injury, or a physical or mental disability. A large number of the population is unable to stand on one foot for thirty seconds or execute a military quality heel-to-toe walk and turn under any circumstances.
Why Hiring an Experienced DWI Attorney Immediately is Crucial Retaining a knowledgeable DWI attorney as soon as possible after you’ve been stopped for suspicion of DWI is critical to the eventual outcome of your case. Your attorney will be able to challenge the field sobriety test results if you allowed the tests based on any number of extenuating circumstances. Agreeing to engage in field sobriety tests is rarely of any benefit to a person suspected of drunk driving and will only strengthen the state’s case against you. The NHSTA believes field sobriety tests are only 65-77% accurate when they are administered according to stated guidelines. Since the tests are probably never administered exactly according to those guidelines you can see there is a very wide margin of error involved.
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