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Field Sobriety Testing and Drivers' Rights
Many drivers stopped for suspicion of DWI are asked to perform field sobriety tests. Learn more about your rights and obligations to perform these tests, and the legal ramifications if you refuse. You may be surprised about what your rights are.
November 04, 2011 /Transportation and Trucking PR News/ -- The Standardized Field Sobriety Tests (SFST) are a set of tests that police officers use in assessing a driver's intoxication level. These tests were established in 1977 by the National Highway Safety Transportation Association as a way to combat drunk driving. These include the walk-and-turn, the one legged stand, and the horizontal gaze nystagmus (HGN) test.
Each test brings about certain clues that suggest the driver is intoxicated. With the walk-and-turn test, officers look for drivers who sway or lose their balance. The one legged stand creates a similar challenge. If drivers cannot keep one leg above the ground or maintain their balance, an officer may assume that they are under the influence of alcohol. With the HGN test, officers look for significant eye movement, or the inability to follow the focus object completely.
While law enforcement agencies across the country rely on these tests, there are inherent flaws with each. For example, most drivers have never have walked heel-to-toe as required in the walk and turn, and it is not always easy to do when someone is nervous or naturally uncoordinated. Also, a driver's eyes may jerk in following a flashlight simply because it is difficult to focus on a light on a dark night, or a driver's vision problems may prevent them from continuously focusing on a particular object without some eye movement. An uncoordinated driver may fail a one leg test without being legally intoxicated.
If an officer asks you to perform a sobriety test, you have the right to politely decline. There are no legal or administrative penalties for refusing a field sobriety test. At this point, the officer is only trying to further his or her suspicion that you may be driving under the influence, so that an arrest can be legally justified.
Even before asking for a sobriety test, the police must have a reasonable suspicion to justify the stop of a vehicle. Officers may ask "Do you know why I stopped you?" in the hopes that your answer will further their suspicions, but you may also politely ask the officer this question to avoid self-incrimination. If the officer asks you to exit the vehicle, the chances of being arrested increase dramatically, so it does not suit your interests to give police more reason to take you to jail.
Keep in mind that declining a field sobriety test is very different from refusing a chemical test (such as a blood, breath or urine test) which has serious administrative consequences.
If you refuse one of these tests, it is best to let an attorney handle the possible administrative penalties. After all, you may be threatening your personal freedom by giving the state scientific evidence to use against you.
While the preceding is not intended to be legal advice, an experienced criminal defense attorney can advise you of your rights and options if you have been arrested for DWI.
Article provided by Law Offices of Randall B Isenberg
Visit us at www.randallisenberg.com
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