Sage-Tips

Can a field sobriety test check for impairment?

Law enforcement touts field sobriety tests as reliable at indicating impairment and a blood alcohol content above the legal limit. However, even the three standardized tests can result in errors. Officers must be trained properly and follow strict guidelines.

What are the three steps in the field sobriety test?

The Standard Field Sobriety Test (SFST) is a battery of 3 tests that include the horizontal gaze nystagmus (HGN), the walk-and-turn, and the one-leg stand tests.

What is the most common field test used by law enforcement to determine a driver’s sobriety?

Usually the process begins with a field sobriety test, in which the officer asks the driver to perform a set of tasks that would be difficult for a drunk driver to complete. The officer then uses an instrument to measure an individual’s blood-alcohol concentration (BAC), most commonly called a breathalyzer.

How many clues are in Field Sobriety Tests?

The officer checks for three clues in each eye, which gives six clues for this test. The clues are: lack of smooth pursuit of the eyes, distinct and sustained nystagmus at the eyes’ maximum deviation and nystagmus starting before the eyes reach 45 degrees.

Why do Field Sobriety Tests instead of breathalyzers?

Because breathalyzers only detect alcohol and cops want to arrest literally anyone they can to make the numbers look better. Field Sobriety Tests are subjective standards the officers can choose to apply, or not apply, as they see fit.

When is a field sobriety test given?

Walk & Turn Test Drivers suspected of DUI in California often must perform field sobriety tests before being arrested. However, no matter how well the driver does on the tests, a drunk driving arrest is practically inevitable. The test is used solely to establish probable cause and create evidence for a court case.

Should you submit to a field sobriety test?

You absolutely keep your right to refuse field sobriety tests, the breath test, and the blood test, even when they say it’s a “No Refusal” weekend. Obviously if you do a field sobriety test, that’s one way they can get probable cause.

How many clues are in field sobriety tests?

What is the standardized field sobriety test?

The Standardized Field Sobriety Test ( SFST) is a battery of 3 tests performed during a traffic stop in order to determine if a driver is impaired. The 3 tests that make up the SFST are the horizontal gaze nystagmus (HGN), the walk-and-turn, and the one-leg stand tests.

Can you pass field sobriety tests if you have a disability?

Though intoxication may cause physical impairment, so can certain disabilities. Field sobriety tests are inherently subjective, notwithstanding other factors such as a disability. Being disabled only increases the subjectivity and may prevent an individual from passing some or all of these tests.

Do the field sobriety tests really determine a DUI charge?

In fact, when these tests are correct, they are only indicative of BAC level, and no ability to drive a car. Overall, the field sobriety tests are not a scientifically proven method upon which to base a DUI charge. There are expert witnesses who study the field sobriety tests and understand their weaknesses.

Can a sober officer pass or fail these drills?

Officers are trained that a significant percentage of the population will show “cues” on these drills even if completely sober. No matter what you do on these drills, you can’t pass them. Similarly, you can’t really fail them – although falling over and being utterly unable to stand on your own feet is pretty close.