A field sobriety test, or roadside test, is used by police officers to determine a motorist's physical and mental function. Here, the officer can assess the motorist's memory, coordination, and/or balance. While poor performance on these tests may be caused by naturally occurring conditions in the motorist, such as physical disability or mental disability, the police will try to correlate the poor performance with intoxication of the driver. More importantly, the officer will likely note every mistake during the field sobriety tests to charge the motorist with DUI.
There are standard field sobriety tests, supported by the National Highway Traffic Safety Administration (NHTSA), and non-standard field sobriety tests. Examples of standard field sobriety tests include the horizontal gaze nystagmus (eye test), the walk and turn, and the one leg stand. Examples of non-standard field sobriety tests include counting backwards, reciting the alphabet forward or in reverse, and other various physical and mental exercises. Regardless of the test, the purpose is to demonstrate signs and symptoms of impairment that the officer can use to charge and prove the DUI.
A motorist has the right to refuse all field sobriety tests, regardless of the type requested by an officer. Whether the suspected drunk-driver is asked to perform the eye test, requested to stand perfectly still for fifteen seconds, or told to pick up coins from the ground, all are meant to provide incriminating information to the investigating police officer and can be used to build a case against you. There is never any benefit in performing a field sobriety test. Therefore, it is always the recommendation of Alcock & Associates, P.C. that the driver respectfully decline to participate in any of the tests.
