Your DUI Attorney and Field Sobriety Tests
One of the things that most people know about being stopped for DUI is the field sobriety tests.
The type of test given varies by jurisdiction, but a typical situation will include the one-legged stand, horizontal gaze nystagmus, and the walk-and-turn.
These are the standardized tests, according to the National Highway Traffic Safety Administration (NHTSA).
Police officers often include other non-standardized tests as well.
But what is more important than the type of test given is the purpose for which the test is given.
To understand field sobriety tests, you have to know what they are meant for.
They are not "tests" in the traditional sense, meaning that you can't "pass" these tests.
They are meant to determine whether you are too impaired to drive safely.
There are so many problems with field sobriety tests, because there are so many variables that affect how the driver performs.
For example, people are generally less coordinated when tired, so lack of sleep will affect the test.
A further example is that some people are more coordinated than others and, all other factors being equal, will perform better than their less coordinated brethren.
In addition to all the variables, these tests are usually performed at night under pressurized circumstances on the side of the road.
Even the most sober person in the world will have trouble in this environment.
Finally, how the driver is deemed to have fared on the tests is solely determined by the administering officer.
It is completely subjective and will depend on the specific administering officer.
As a Maryland DUI attorney, DC DUI lawyer, and Virginia DUI attorney, I am happy when a new client tells me that he or she did not take field sobriety tests after being stopped for suspected DUI.
This makes my job a little bit easier (of course, there is usually that pesky breath machine to deal with as well), because the field sobriety tests are designed for the driver to fail.
There are two important things to know about field sobriety tests.
First, in many jurisdictions, they are OPTIONAL.
You can refuse to take them.
Granted, you might get arrested but, if you are DUI and you take the tests then you are going to get arrested anyway.
All the field sobriety tests do is provide the State with more evidence to use against you.
Second, field sobriety tests are not science! They are not 100% accurate.
Even if you take and allegedly fail the tests, your DUI attorney can still defend you in your DUI case.
The type of test given varies by jurisdiction, but a typical situation will include the one-legged stand, horizontal gaze nystagmus, and the walk-and-turn.
These are the standardized tests, according to the National Highway Traffic Safety Administration (NHTSA).
Police officers often include other non-standardized tests as well.
But what is more important than the type of test given is the purpose for which the test is given.
To understand field sobriety tests, you have to know what they are meant for.
They are not "tests" in the traditional sense, meaning that you can't "pass" these tests.
They are meant to determine whether you are too impaired to drive safely.
There are so many problems with field sobriety tests, because there are so many variables that affect how the driver performs.
For example, people are generally less coordinated when tired, so lack of sleep will affect the test.
A further example is that some people are more coordinated than others and, all other factors being equal, will perform better than their less coordinated brethren.
In addition to all the variables, these tests are usually performed at night under pressurized circumstances on the side of the road.
Even the most sober person in the world will have trouble in this environment.
Finally, how the driver is deemed to have fared on the tests is solely determined by the administering officer.
It is completely subjective and will depend on the specific administering officer.
As a Maryland DUI attorney, DC DUI lawyer, and Virginia DUI attorney, I am happy when a new client tells me that he or she did not take field sobriety tests after being stopped for suspected DUI.
This makes my job a little bit easier (of course, there is usually that pesky breath machine to deal with as well), because the field sobriety tests are designed for the driver to fail.
There are two important things to know about field sobriety tests.
First, in many jurisdictions, they are OPTIONAL.
You can refuse to take them.
Granted, you might get arrested but, if you are DUI and you take the tests then you are going to get arrested anyway.
All the field sobriety tests do is provide the State with more evidence to use against you.
Second, field sobriety tests are not science! They are not 100% accurate.
Even if you take and allegedly fail the tests, your DUI attorney can still defend you in your DUI case.
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