Roadside Field Sobriety Tests

A TEST OF YOUR COORDINATION

In determining whether there is reasonable cause to believe that a person is driving while he is intoxicated, (DWI), many police departments use “field sobriety tests.” A suspect is requested to step from his or her vehicle and engage in a number of physical acts which are designed to test the person’s coordination for the purpose of determining intoxication.

The validity of these tests as an indicator of intoxication and the subjectivity of the judgment of the police officer instituting these tests can often be challenged. There is no established scientific reliability regarding the degree to which, if any, these tests can in any particular case accurately determine whether an individual is under the influence of alcohol and if so, to what extent.

CAN YOU REFUSE TO TAKE THE TESTS?

A driver does not have to participate in field sobriety tests. Although a driver is deemed to have given consent to a “chemical test” for the purposes of determining intoxication, field sobriety tests are not chemical tests. Field sobriety tests are used to develop reasonable grounds to believe a suspect has been driving under the influence of alcohol and to request a chemical test. However, because there is no statutory requirement to perform field sobriety tests, a motorist’s refusal to do so does not constitute a separate violation of the Vehicle + Traffic Law.

However, although a defendant is not obligated to perform such tests, the refusal to perform tests may be admissible against him or her at trial.

WHAT DO POLICE LOOK FOR?

After pulling over your vehicle, and after admitting to the consumption of alcohol, a police officer will ask a driver to step out of his vehicle to perform field sobriety tests. However, the determination of intoxication starts well before this. Initially the officer will evaluate the odor of a driver’s breath, condition of his/her eyes, demeanor, dexterity, speech and clothing. Although a request for a driver’s license and registration is routine, this provides the officer an added opportunity to observe a driver’s coordination. Although these initial observations may provide sufficient suspicion to arrest, most police officers will proceed to conduct field sobriety tests.

THREE TESTS

In recent years there has been a national attempt to standardize the field sobriety tests used by police officers across the country. This effort has been spearheaded by the National Highway Traffic Safety Administration in their manual.

The manual sets forth the protocol of three standardized field sobriety tests which have been recommended based on research. These are Horizontal Gaze Nystagmus, the Walk + Turn Test, and the One-Leg Stand Test. The accuracy of these tests depends upon their being administered in exactly the manner set forth in the manual.

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