Field Sobriety Tests
Finder Law Serves Clients Across Jefferson City, Columbia, and Central Missouri
Field Sobriety Test are often depicted on television or in movies, but how accurate are their versions? If you’ve been pulled over for suspicion of driving while intoxicated, the officer will ask you to perform some tests. These tests are often humorously referred to as the “Roadside Olympics” & their purpose is to assess the driver’s physical & mental perception. There are 3 that are used most commonly & we will discuss them individually. In addition to those roadside tests, the officer may require that you provide a blood, urine, or breath sample. If charged, all of these tests can be used as evidence against you in court.
Nystagmus Test
Nystagmus is a condition that causes the eyes to move in a shaky, uncontrolled manner. Although it can be a chronic medical condition for some, it can also be temporarily induced by drugs & alcohol. In order to test for this, the officer will hold a pencil or his finger approximately 6 inches from your nose & ask you to follow it with your eyes. You will be required to stand still, feet together with your arms at your side during the test. If you’re unable to follow the object smoothly or if your eyes begin to shake, this would cause the officer to fail you on this type of test.
One Leg Stand
There are two parts to the One Leg Stand test. First, the officer will ask you to stand with your feet together with your arms at your side & follow some instructional commands. You will be asked to raise one leg approximately 6 inches off the ground and parallel to the ground (the officer will demonstrate this action). Then, you will be asked to count out loud while you do this until you’re told to stop. Your arms must stay down during the entirety of the test. The officer will be timing you while your foot is in the air for 30 seconds.
Walk & Turn
Similar to the One Leg Stand test, there are two parts to this test as well. During this test, the officer will ask you to walk in a straight line, putting one foot in front of the other, heel to toe. You’ll be asked to take a certain number of steps forward before turning around & doing the same thing the other direction. There are several ways the officer would deem you as failing the test; these include:
- Starting too quickly
- Not following instructions
- Stepping off the line
- Using your arms for stability
- Losing count of your steps
- Not walking heel to toe
Legally, you have the right to refuse any & all field sobriety tests. However, you are required to preform chemical tests due to the Implied Consent Law. If you refuse a blood, urine or breath test, you will be legally penalized. This includes a year revocation of your driver’s license, whether or not you are actually charged with or convicted of a DUI.
If you have been charged with a DUI or other driving violation, call Finder Law today for a free consultation. Sometimes, the Field Sobriety Tests can be thrown out due to their volatility, but you will need an experienced attorney on your side to fight these charges. Daniel Finder has over 10 years of experience in DUI defense & will represent you aggressively & compassionately.
This blog is for informational purposes only and does not constitute legal advice. For specific guidance, please contact our office directly.
