The tests are relatively accurate, but only in near-perfect conditions.
Even if you have not experienced them in real life, you have likely seen depictions of field sobriety tests on television or in the movies — follow the police officer’s finger with your eyes, walk in a straight line, stand on one leg, put your finger to nose repeatedly. These tests have an aura of scientific reliability. After all, if the police are using them, they must mean something — right?
It turns out that this may not be the case. The National Highway Transportation Safety Administration (NHTSA) has issued public protocols for field sobriety testing. These tests are used across the country, including in California. According to the NHTSA, there are three tests that are reliable for determining if a driver is intoxication: the horizontal gaze nystagmus test (HGN), the walk and turn test (WAT) and the one leg stand test (OLS). The HGN involves asking a driver to follow a stimulus with his or her eyes to the left and right to determine if the eyes start to involuntarily jerk past a certain angle. The WAT test is when a law enforcement officer asks a driver to walk heel-to-toe steps on a real or imaginary line, pivot, and take the same number of steps back. Finally, the OLS test involves asking a driver to raise his or her foot about six inches off of the ground, hold still, and count from 1001 to 10030 while looking down at his or her foot. The NHTSA claims that the HGN test is 88% accurate, the WAT test is 79% accurate, and the OLS test is 83% accurate — but there is a catch.
As an Orange County DUI defense lawyer can explain, these tests are only accurate IF three conditions are met. First, the tests must be administered perfectly, in the standardized manner. Second, standardized clues must be used to assess the driver’s performance on the tests. Third, a set of standardized criteria must be used to interpret the driver’s performance. If any of these factors falls short of these ideals, then the tests are not as accurate — and the validity of a field sobriety test is compromised.
A skilled Orange County DUI defense lawyer can often challenge the results of a field sobriety test because they often are not as accurate as the NHTSA claims them to be. More importantly, there are numerous reasons why a field sobriety test might garner a false positive. For example, a person might have a physical or mental health condition that makes it difficult to perform the test. Similarly, the driver might be wearing clothes that impair his or her ability to take the test, such as high heel shoes. If an officer administers the tests improperly, such as by walking around, failing to time them properly or giving them in poor conditions, the results could also be impacted. A knowledgeable Orange County DUI defense lawyer can investigate each aspect of your field sobriety tests — and make a strong argument as to why they are not accurate.
More importantly, you do not have to take field sobriety tests under California law. As a general rule, the police are not administering field sobriety tests to prove that you are not driving under the influence. They are doing it to gather more evidence of your intoxication. You are not required to take these tests. Politely decline to take them, and request your Orange County DUI defense lawyer if you are arrested for a DUI.
The Chambers Law Firm represents drivers who have been charged with DUIs in Orange County and the surrounding areas. Contact us today at 714-760-4088 or dchambers@clfca.com to schedule a free consultation and learn more about how we can help you.
