Should I Say Yes to a Field Sobriety Test?

It is your right to refuse to submit to a field sobriety test, but whether or not you should depends on the individual aspects of your situation. A Marquette DUI lawyer can offer sound advice for your unique situation. Contact an attorney today.

What is Field Sobriety Testing?

Field sobriety tests are tasks that a law enforcement officer can ask a driver to complete during a traffic stop. They are a way to assess whether or not the driver has been consuming drugs or alcohol prior to getting behind the wheel.

The three standardized field sobriety tests are designed to evaluate the driver’s physical and cognitive abilities, coordination, ability to follow directions, balance, and motor skills.

1. One-leg stand test: The driver will stand balancing on one leg for an amount of time designated by the officer. They will count out loud and attempt to maintain their balance until they are done.
2. The walk and turn test: The driver will be instructed to walk a number of steps in a straight line, heel to toe. Once they have finished they must turn on one foot and walk a straight line back the way they came.
3. The horizontal gaze nystagmus test: The police officer will hold a pen, flashlight, or other object and instruct the driver to follow the item with their eyes. They will move it horizontally and assess the driver’s eye movement.

How Accurate are Field Sobriety Tests?

Field sobriety tests are often criticized as substandard methods of determining whether or not an individual is sober. The officer conducting the tests could have biases and because the results largely revolve around opinion, they are not necessarily objective.

Studies by the National Highway Traffic Safety Administration found that the tests each have varying degrees of reliability. The horizontal gaze nystagmus is the most reliable with about 77% accuracy. The one-leg stand and walk-and-turn tests are 65% and 68% accurate, respectively.

Should I Submit to a Field Sobriety Test?

The decision of whether or not to submit to a field sobriety test has legal implications regardless of the answer. By submitting to the test you are making yourself vulnerable to failing and therefore getting arrested. Although these tests are not 100% accurate they can be used as evidence against you. These tests combined with other evidence can lead to a DUI conviction. You may find yourself facing severe penalties including jail time.

However, refusing to submit can have consequences as well. An officer may find it suspicious to refuse and arrest you. They will likely order chemical or breath tests to determine your blood alcohol content. Refusing to take these tests can have legal repercussions.

Whether or not you choose to submit to a field sobriety test is up to you. Speak with an experienced attorney to learn more about your rights and the potential consequences of refusing.