Field sobriety tests are the roadside tests that police officers administer to investigate whether you have been operating under the influence of alcohol. These tests were developed by the National Highway Traffic Safety Administration (NHTSA). NHTSA has developed detailed procedures for properly administering these field sobriety tests. Many police officers do not administer the test according to their training at the police academy. Even if administered exactly as NHTSA instructs, the field tests are only minimally reliable with studies showing that taken separately the tests are at best 68% reliable.

Many times, a field sobriety test is either unfairly administered, or is improperly conducted. Field sobriety tests are subject to attack by an experienced attorney if a police officer failed to follow standard procedures when administering the test.

What you might not realize is that you do not have to submit to a field sobriety test. While the police might arrest you, they will not have the evidence to obtain a conviction for DUI/DWI.

The National Highway Transportation Safety Administration (NHTSA) recognizes three field sobriety tests. Police officers may use other tests, but these are the three recognized by the federal government:

• Walk and turn
• One leg stand
• Horizontal gaze test

Often when a police officer makes a stop for DUI/DWI, the officer will ask the motorist if they wish to take field sobriety tests. The officer will use these tests to obtain additional evidence as to whether he has probable cause to believe you are operating a vehicle under the influence of alcohol. The most common field sobriety tests are the:

One Leg Stand

The one leg stand is considered a divided attention test. One part of the test is cognitive as the officer is observing the motorist’s ability to understand and follow instructions. During the instruction phase, a motorist is instructed to stand with feet together and arms by the side. The motorist is advised not to start the test before instructed to do so. The officer typically verbally provides instructions followed by a demonstration of the test. The suspect is required to stand with one foot pointed in front of the suspect 6 inches off of the ground while counting out loud for 30 seconds. A suspect is not allowed to hop or use their arms for balance. The officer looks for the following clues:

1. Using arms for balance
2. Hopping to maintain balance
3. Putting foot down before completing the test
4. Failure to follow instructions

Nine-Step Walk and Turn Test

The nine step walk and turn is also considered a divided attention test. The officer notes the driver’s ability to follow instructions and typically notes in the police report any swaying or unsteadiness of the driver on his feet during the instruction phase. The officer will verbally provide instructions and demonstrate the test. Also, the officer will tell the suspect not to start the test before told to do so. The Nine-Step Walk and turn requires the suspect to walk on a straight line one foot in front of another, touching heel to toe, keeping arms by the suspect’s side and counting out loud. The suspect is required to turn at the end of the nine steps and take nine steps back in the same manner. The officer is looking for the following clues:

1. Taking the wrong number of steps
2. Starting the test before told to do so
3. Using arms for balance
4. Not maintaining heel to toe
5. Stepping off of the line
6. Improper turn

With regard to both the nine step walk and turn and the one leg stand, the police officer should administer the test on a flat, dry, surface in order for the test to be reliable. If the police officer administers to the test to a person with knee or leg problems, medical conditions that impact coordination and balance, overweight individuals, the tests can be attacked on those grounds in addition to many other avenues of undermining the reliability of these tests.

Horizontal Gaze Test

The horizontal gaze test is a test where the officer is observing the suspect’s eyes to determine if there is any involuntary jerking of eyeball when following an object such as a pen. The theory of the test is that alcohol cause nystagmus, jerking of the eye. This test can often be excluded from evidence as unreliable.

Many officers will also use other tests such as an alphabet test, a counting test or a finger-to-nose test.