If you get pulled over based on the suspicion that you’re driving under the influence of alcohol, the officer who stops you may request that you take a field sobriety test.
Law enforcement personnel use such tests to determine whether they should arrest drivers and charge them with a DUI. The fact that the stakes of field sobriety tests are so high begs the question of whether they’re reliable.
What Is a Field Sobriety Test?
A field sobriety test is one of a number of physical tests designed to provide police officers with enough information to determine whether a motorist is intoxicated. The officers administering these tests must give clear instructions and demonstrate what the suspect is being asked to do.
For the first test, you’ll be required to stand on one leg while remaining reasonably still. The second test requires you to walk in a straight line, toe to heel, then turn and walk back. For the final test, you must follow an officer’s finger with your eyes as the officer moves it around.
Are These Tests Reliable Indicators of Intoxication?
The simplest way to answer this question is to try taking them while you’re sober.
Can you stand for 30 seconds with one foot lifted about six inches off the ground without swaying or losing your balance? Many people can’t for any number of reasons, including lack of leg strength and balance issues resulting from medical conditions. You might discover a similar result when you try to walk a straight line from heel to toe.
If sober people have difficulty passing these tests, how can they possibly be reliable for determining whether someone is drunk?
In many cases, they aren’t. That’s even true when the officer administering them is good at giving the tests — less skilled officers will get even more inconsistent results.
Can You Refuse a Field Sobriety Test?
If you’re arrested for a DUI in New Jersey, the state’s implied consent statute makes it illegal for you to refuse a breathalyzer test. However, the same statute doesn’t prevent you from refusing a field sobriety test.
You have the right to tell the police officer that you decline to take the test they’re attempting to administer. But is this wise?
If you fail a properly administered field sobriety test, that failure can be used as evidence against you during a DUI trial. However, if you pass, the officer may decide not to arrest you. As such, taking a field sobriety test can be something of a gamble.
Unfortunately, you probably won’t be given an opportunity to speak with a DUI lawyer before making the decision. That means you’ll have to determine whether taking the test is a better way to protect your rights than refusing it.
If you’re certain that you’re sober (which is probably only true if you haven’t had anything to drink in the last 24 hours) and you’re confident you can pass the test, you might agree to take it. If you’re even a little unsure of yourself, though, you’re probably better off refusing.
Can a DUI Lawyer Fight the Results of a Field Sobriety Test?
The good news is that if you fail a field sobriety test, a skilled DUI defense lawyer may be able to fight the results.
Field sobriety tests are only as good as the officer administering them. If the police officer is inadequately trained or has a record of administering these tests poorly, your attorney will use that information to cast reasonable doubt on the results and shield you from the normal consequences of a failed test.
Additionally, the results of your test could be corrupted by the very circumstances required to administer it.
For example, if the straight line you were ordered to walk was along a road that’s in poor condition, cracked or uneven pavement could cause you to fail rather than inebriation. Similarly, standing on one foot on grass or gravel can be a lot more difficult than doing the same on solid, level concrete.
As dire as it may seem to fail a field sobriety test, these tests are far from indisputable. A knowledgeable DUI attorney can call the results, the administering conditions, or the officer’s skill and motivation into question.
Contact the Law Office of Steven Ellman as Soon as Possible After Your DUI Arrest
If you’re arrested for a DUI in New Jersey after taking a field sobriety test, veteran attorney Steven Ellman may be able to help you dispute your charges and hold on to your license. Contact our firm right away to schedule an appointment with a proven DUI defense lawyer.
