What Are Field Sobriety Tests and Do I Have To Take Them?
If a police officer pulls you over on suspicion of drunk driving, they may ask you to participate in field sobriety testing. Field sobriety tests (FSTs) are a series of physical and mental tests that are conducted on the spot. They were devised as a method of testing a driver’s memory, reflexes, balance, and coordination for symptoms of intoxication or impairment.
FSTs are widely considered scientifically unreliable because there are various factors besides drug or alcohol impairment that might cause a sober driver to fail. For example, the tests do not differentiate between an impaired driver and a person with naturally poor balance or medical problems.
What Are the Standard Field Sobriety Tests?
In California, there are both “standard” and “non-standard” field sobriety tests. The National Highway Traffic Safety Administration (NHTSA) only endorses three standard field sobriety tests: walk-and-turn, horizontal gaze nystagmus, and one-leg stand.
Walk-and-Turn (WAT)
During the WAT test, you are required to walk heel-to-foot for nine steps, turn around, and return to your starting point. The WAT test is used to measure your ability to follow instructions, keep your balance, and walk in a straight line.
Horizontal Gaze Nystagmus (HGN)
The HGN test involves following an object with your eyes so that law enforcement can monitor for eye movements that are considered a characteristic sign of impairment.
One-Leg Stand (OLS)
The OLS test requires you to stand on one leg for 30 seconds to gauge your balance and coordination.
What Are the Non-Standard Field Sobriety Tests?
Even though NHTSA has only standardized three field sobriety tests, California police officers regularly use different FSTs in DUI investigations. The non-standardized tests are even more controversial than the standard FSTs, and the correlation between performance on these non-standardized FSTs and intoxication is debatable.
Some of the most common non-standardized FSTs used by California law enforcement include:
The Finger-To-Nose Field Sobriety Test
During the finger-to-nose test, the officer will ask the driver to repeatedly touch the tip of their nose with their eyes closed and their head tilted slightly backward. This assessment is conducted to evaluate the driver’s balance, depth perception, and ability to follow instructions.
The Hand-Pat Field Sobriety Test
The hand-pat field sobriety test assesses the driver’s ability to multitask by counting while simultaneously patting one side of their hand and then the other.
The Finger-Count Field Sobriety Test
The finger-count field sobriety test also assesses the suspect’s capacity for multitasking. It requires the driver to count out loud while touching each finger to their thumb and then reversing the process, for a total of three times.
The Romberg Balance Field Sobriety Test
The Romberg balance field sobriety test assesses a driver’s inner clock. To perform this test, you will stand with your feet together, head tilted back slightly, and eyes shut. You will be asked to wait and then say the word “stop” once you estimate that 30 seconds have passed.
Do I Have To Submit To Field Sobriety Testing?
Although many people believe you are legally required to perform field sobriety tests at the request of the police, in California, you are actually allowed to decline. There are no consequences for refusing to take an FST, so you can exercise your freedom to do with no legal repercussions.
If you’ve been charged with a DUI in Orange County, CA, you need a criminal defense attorney who understands FSTs and knows how to challenge the results. At the Chambers Law Firm, we have years of experience helping clients charged with a DUI get the best results possible. Contact us today at 714-760-4088 or info@orangecountyduifirm.com to schedule a free no-obligation consultation.
