What Should I Do if Asked to Take Field Sobriety Tests?
Posted October 24th, 2024.
Categories: Blog.
If you are asked to take field sobriety tests during a traffic stop, you are within your rights to refuse. Both refusing and submitting have legal implications so it is important that you understand your options and rights. Contact a New Jersey criminal defense attorney for skilled advice and representation.
What Are Field Sobriety Tests?
Field sobriety tests are a series of tasks used by law enforcement to assess the level of a driver’s intoxication. They are designed to evaluate the driver’s coordination, balance, multitasking, and physical and mental cognitive abilities to determine if they are impaired by drugs or alcohol.
These tests are important as they help police officers identify drunk drivers and allow them to make arrests, keeping the roads safe for others. The tests generally used include the following.
- The walk and turn test requires the driver to take a specific number of steps (usually 9), walking heel to toe before turning on one foot and doing the same thing in the opposite direction. During this test, the police officer will examine various signs of intoxication. They are looking for the driver to be off balance, begin walking before they are told, lose count, etc.
- The horizontal gaze test is conducted when an officer asks the driver to look at an object, whether it be their finger, a pen, or a flashlight, and follow it with only their eyes. Involuntary eye movements and jerking are telltale signs of intoxication.
- Finally, the one-leg stand test requires the driver to balance on one leg for a set amount of time while counting out loud. The officer will look for swaying, hopping, using arms for balance, etc.
Are Field Sobriety Tests Reliable?
While field sobriety tests are not 100% reliable, they can still be used as evidence in a DUI case. The tests can become subjective as the officer is responsible for using their judgment and observations to determine whether the driver has passed or failed.
In a study conducted by the National Highway Traffic Safety Administration, it was found that the horizontal gaze test is the most reliable of the three, at 77% accuracy. The walk-and-turn test had 68% accuracy and the one-leg stand test had 65% accuracy.
Should I Take the Field Sobriety Test?
The accuracy rates of the field sobriety tests do not make a convincing argument for submitting to the testing. However, whether or not you should choose to submit will vary depending on the unique circumstances of your situation.
You are not legally required to submit to the field sobriety test so you may choose to refuse. There are no direct legal ramifications for refusing, but keep in mind that if the officer believes you are intoxicated they can still arrest you. After the arrest, you can be subjected to chemical or breathalyzer testing. Refusing these tests will result in a DUI refusal including a license suspension.
The results of the field sobriety test can be used against you in court so refusing can allow you to avoid certain evidence later on. The decision is yours to make but speak with an experienced DUI lawyer for their perspective and legal advice.
