Field sobriety tests: Common missteps that can hurt your DUI case

Being charged with a DUI can be stressful. However, there are common mistakes during field sobriety tests that can harm your DUI case.

Per the latest NHTSA data, about 34 people in the US die every day in crashes involving an alcohol-impaired driver. If you are caught driving under the influence (DUI), you may be arrested and charged with the offense. Facing a DUI charge can lead to jail time, costly fines, license suspension, and a bad driving record.

DUI cases typically focus on practical mistakes made during field sobriety tests (FSTs). These errors can weaken the prosecution's case, leading to dismissal.

What Are Field Sobriety Tests?

Field sobriety tests are cognitive and physical exercises done by police on the roadside to evaluate whether a driver is impaired. Here are some test options for a DUI in California:

Horizontal Gaze Nystagmus Test (HGN)

If you're taking a HGN test, the police will use their finger or another item to track your eye movements. Each time your eye jerks 45 degrees from the tracking, the law enforcement officer may deduct points from your score.

However, being under the influence of alcohol or drugs may not be the only cause of this reaction. Exhaustion, allergies, and neurological disorders can make your eyes move in this way.

One-Leg Stand (OLS)

For the one-leg stand test, the police officer will ask you to stand with one foot lifted about six inches high and count aloud for 30 seconds. The officer may conclude that you have illegal blood alcohol and drug concentration if you:

• Hop
• Sway
• Put your foot down
• Use your arms to balance

However, challenging DUI test results from an OLS can be easy. You may fail this test for other reasons, such as fatigue, body pain, and poor weather. Knowing your legal rights during sobriety tests can help you avoid getting charged unlawfully.

Walk-and-Turn (WAT)

During the WAT test, the police officer will ask you to walk nine steps with your heel touching your toe. After doing this, you need to turn around before doing the same action on the walk back to your starting position. If you have trouble balancing, you misjudge distance, or fail to follow a straight line, the officer may declare that you're intoxicated.

Rhomberg Balance Test (RBT)

If the officer asks you to do an RBT test, you'll have to stand with your feet together, placing your hands crossed in front of you or at your side. During the first part of the test, you'll do it with your eyes open.

For the second part, you'll close your eyes. In case you show any sign of imbalance, the officer will give you a bad score.

Finger-to-Nose (FTN)

With the FTN test, you'll have to shut your eyes, slant your head back slightly, and touch your nose with your index finger. The process is done six times as the police officer looks for signs of intoxication.

You can get a failed sobriety test here if you have certain surgeries and illnesses. As a result, you may not touch your nose correctly. It can be unfair if you get a DUI charge because of that.

What Are the Common Errors in Field Sobriety Tests?

Police officers follow strict protocols to ensure accuracy when administering field sobriety tests. However, there are mistakes they make that can help you fight a DUI charge:

Incorrect Instructions

Each field sobriety test has specific instructions that the police officer must read to you or demonstrate before the test. If during your test, the officer doesn't read the instructions or show you how it's done, the results may be invalid.

Unsafe Testing Conditions

Field sobriety tests need to happen on safe surfaces. However, some officers may ask you to do a test on:

• Grass or gravel
• Uneven or sloped ground
• Poor lighting
• Near traffic or other distractions

Aside from the presence of alcohol in the system, these conditions can affect performance. Your attorney can argue that environmental factors may be the reason you failed the test and not intoxication.

Lack of Proper Observation

For your field sobriety tests to be valid, the officer must observe your performance accurately and consistently. Any errors during observation may weaken the credibility of the officer's opinion about the test.

Ignoring Medical Conditions or Disabilities

Not all balance problems happen because of alcohol or drugs. The Barrow Neurological Institute reports that 4 in 10 Americans will experience an episode of imbalance during their lifetime. Here are some conditions that can make you lose your balance:

• Inner ear problems
• Anxiety or stress
• Age-related problems
• Orthopedic or neurological issues

Officers who fail to account for these factors may get unreliable results from the failed sobriety tests.

Frequently Asked Questions

Why Are Field Sobriety Tests Important in DUI Cases?

If you get a DUI charge, field sobriety tests can be a piece of evidence used in court. Your attorney will get observations from these tests from the police report. The prosecution will bring these reports in court as proof of your impairment.

Courts may view these assessments as reliable, especially if they're supported by standard testing procedures. However, if there was any loophole that led to incorrect testing, your lawyer will come up with DUI defense strategies to dismiss the case.

How Long Will 4 Beers Show Up on a Breathalyzer?

The amount of time 4 beers will show up on a breathalyzer will depend on your weight, gender, food consumption, and metabolism. However, you can estimate the time by using the Widmark Formula for blood alcohol concentration. To ensure your safety and that of other road users, make sure you don't drive while you're intoxicated.

Can You Refuse a Field Sobriety Test in America?

Yes, you can refuse to take field sobriety tests without getting any penalties. Unlike a post-arrest breathalyzer test, a field sobriety test is voluntary.

The law allows you to decline. If you refuse, the officer will continue with their investigation. In case of probable cause, they can arrest you.

Improving Test Performance and Protecting Yourself Against Unlawful DUI Charges

Field sobriety tests carry a lot of weight if you have a DUI case. If you don't have legal representation, you may not know your legal rights. To avoid getting charged unlawfully, work with an experienced attorney.

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